As False Claims Act Turns 162, Government Promises “Aggressive” Enforcement Despite Attacks on Qui Tam
On March 2, 1863 President Abraham Lincoln signed the False Claims Act (FCA) into law. Over the past century and a half, the law, which offers whistleblower awards under its qui tam provisions, has emerged as America’s number one anti-fraud law. Now turning 162, the False Claims Act faces an immense threat, as a district court ruled in September that its qui tam provisions are unconstitutional. At the same time, however, government officials are promising “aggressive” enforcement of the law and to defend the constitutionality of its qui tam provisions. America’s Number One Anti-Fraud Law Faced with government contracting fraud undermining the nation’s war effort during the Civil War, Congress looked for a new law to fight back against fraudsters. The FCA’s qui tam provisions, which allow individuals to file suit alleging fraud on behalf of the United States and receive a portion of any recoveries from a successful case, provid...