How A False Claims Act Case Works — Or Fails

Law360, New York (January 3, 2017, 4:56 PM EST) -- It took us a long time to understand how off-label promotion of prescription drugs had anything to do with the False Claims Act, and we’re still not so sure that the two are a fit. The FCA penalizes anyone who presents, or causes to be presented, to the federal government “a false or fraudulent claim for payment or approval.” 31 U.S.C. § 3729(a)(1).

Easy, right? Congress enacted the FCA after the Civil War to curb abuses in government procurement. That part we get. If you sell...
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