FCA Overhaul Bill May Miss Mark On Reining In Fraudsters
By Daniel Wilson (July 27, 2021, 9:58 PM EDT) -- A proposed Senate bill aimed at strengthening the government's enforcement actions under the False Claims Act could have the opposite effect with conflicting and potentially unconstitutional language that may elevate a defendant's position.
The bipartisan False Claims Amendments Act of 2021 introduced on Monday requires defendants to present "clear and convincing" evidence to rebut a showing by a whistleblower or the government that an alleged false claim is material to the government's decision to reimburse a contractor for their payment claim.
Proving the materiality of an alleged false claim was a key issue that emerged from the U.S. Supreme Court's landmark Escobar...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!