A key government civil enforcement tool used to target a wide spectrum of alleged frauds is The False Claims Act (FCA). FCA’s scope is compounded by the authority made available to private citizens under the Act’s qui tam provisions to sue on behalf of the government and share in any recovery. Several states have comparable statutes.
The FCA permits private persons to file a lawsuit against businesses, individuals and other beings that have been defrauded the federal government, whether directly or indirectly. Cases brought by whistleblowers under the FCA must file their Complaints under seal in a U.S. District Court. They must provide a copy of the complaint in addition to a written statement of material evidence supporting their accusations to the local U.S. Attorney and the Attorney General of the U.S. The Complaint is placed under seal for 60 day while under government investigation of the allegations. It is possible the seal can be frequently extended for months or years.
