Analysis

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...

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