Difference between revisions of "False Claims Act"

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=='''A Grant Assurance is a Claim'''==
=='''A Grant Assurance is a Claim'''==
A grant assurance in an application for federal funds or a grant progress report is a “claim” under the [https://www.zuckermanlaw.com/false-claims-act-resources-corporate-whistleblowers/ False Claims Act] since representations made in the progress report trigger the payment of grant funds.  ''See United States ex rel. Bauchwitz v. Holloman'', 671 F.Supp.2d 674, 689 (E.D.Pa.2009).
A grant assurance in an application for federal funds or a grant progress report is a “claim” under the [https://www.zuckermanlaw.com/false-claims-act-resources-corporate-whistleblowers/ False Claims Act] since representations made in the progress report trigger the payment of grant funds.  ''See United States ex rel. Bauchwitz v. Holloman'', 671 F.Supp.2d 674, 689 (E.D.Pa.2009).
='''False Claims Act First-to-File Bar'''=
The first-to-file bar prohibits a whistleblower from bringing suit based on a fraud already disclosed through identified public channels, unless the whistleblower is “an original source of the information.” Pursuant to the first-to-file bar, “[w]hen a person brings an action under [the False Claims Act], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5). The first-to-file bar encourages prompt filing.
*Where two complaints allege “all the essential facts” of the underlying fraud, then the first complaint will typically preclude the later complaint, even if the later-in-time complaint incorporates different details.
*Where a second complaint provides additional information that suggests a broader scope of fraud than the initial complaint, the second complaint might be barred where the government knows the essential facts of a fraudulent scheme because it has sufficient information to discover related frauds.
*To bar later-filed qui tam actions, the allegedly first-filed qui tam complaint must not itself be jurisdictionally or otherwise barred, e.g., if the first-filed complaint fails to [https://www.zuckermanlaw.com/sp_faq/heightened-pleading-requirement-false-claims-act-qui-tam-cases/ plead fraud with particularity, as required by Rule 9(b)].
*The Fourth Circuit Court of Appeals recently held that the appropriate reference point for a first-to-file analysis is the set of facts in existence at the time that the FCA action under review is commenced. Facts that may arise after the commencement of a relator’s action, such as the dismissals of earlier-filed, related actions pending at the time the relator brought his or her action, do not factor into this analysis.


='''False Claims Act Fraud Violations'''=
='''False Claims Act Fraud Violations'''=