Criminal Forfeitures Are 'Alternate Remedies' Under The FCA

Law360 (February 28, 2019, 5:57 PM EST) -- Pursuant to the False Claims Act, an individual may file a qui tam suit on behalf of the government for losses incurred by the government.[1] If that suit is successful, the whistleblower who initiated it may share in any recovery obtained by the government.[2] Likewise, if the government obtains a recovery through legal action other than the qui tam lawsuit, the "alternate remedy" provision of the False Claims Act provides relators with the right to share in that recovery.[3]

The government sometimes pursues criminal prosecutions based on information provided by qui tam relators and such prosecutions can result in criminal forfeiture...

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