Tuesday, March 31, 2015

A Brief History of False Claims Act

False Claims Act is a law or legal tool, envisioned by the US Government, which enables the third persons or relators to file cases against the individuals and organizations that are breaking the law or participating in illegal activities. The main objective of the law is to fight the prevalent corruption within the government bodies.


False Claims Act came into existence during the American Civil War (1861–1865), and is also known as the Lincoln Law, since it was passed under the supervision of president Abraham Lincoln.
The Qui Tam conditions of the law allow the common residents or citizens of the United States to sue the companies and/individuals, which are defrauding the government, on behalf of the government, without seeking any permission to do so.  The term ‘Qui Tam’ is a shorter version of a Latin phrase, which is believed to be the sole purpose of the act.

Amendments
The False Claims Act so far has seen three amendments, in 1986, 2009, and 2010, respectively. In the first amendment, the reward of the plaintiffs was increased to between 15 to 30 percent of the recovered sum. While in further revisions of the law, the scope of potential False Claims Act liability was expanded by eliminating the requirement of presentment; and the clauses and definitions of Public Disclosure Bar, Overpayments and Original Source Requirement were signified.

There is a detailed process of filing a lawsuit under the FCA. The plaintiffs do not need to lodge a complaint with the concerned department, in which the offence is taking place. A duly filled lawsuit should be filed in the U.S. District Court in a sealed envelope, with the help of a False Claims Act attorney. The Department of Justice decides whether it is a case or not, after an investigation period of at least sixty days.


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