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).
=='''Reverse False Claims Liability'''==
Reverse false claims liability arises where an entity or individual avoids the payment of money due to the government, e.g., failing to pay royalties owed to the government for mining on public lands.
Section 3729(a)(1)(G) creates liability for a person who “knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government,” or who “knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.” 31 U.S.C. § 3729(a)(1)(G).
To establish reverse false claim liability, a [https://www.zuckermanlaw.com/sp_faq/qui-tam-lawsuit/ '''qui tam relator'''] must show:
#proof that the defendant made a false record or statement
#at a time that the defendant had a presently-existing obligation to the government — a definite and clear obligation to pay money or property at the time of the allegedly false statements.


='''False Claims Act First-to-File Bar'''=
='''False Claims Act First-to-File Bar'''=