preview

Essay On False Claims Act

Decent Essays

The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of the recovery against the fraudulent person or business. This is supported by the reading, “The federal government’s main weapon in the so-called war on fraud and abuse is the False Claims Act (FCA)” (Showalter, 2017, pg.553). The False Claims Act was enacted by …show more content…

In essence, the qui tam provisions permit any individual or entity to file a False Claims Act case on behalf of the United States government. The motive behind the qui tam provisions of the False Claims Act was the acknowledgment that the government lacks the resources as well as the information to pursue violators who intentionally submit false and fraudulent claims to the United States government. The responsibilities of the qui tam plaintiff do not end with the filing of the lawsuit. Such individual must not only notify the Justice Department of the filing but must agree to collaborate fully with the Justice Department in the litigation. The Justice Department has the option of stepping into the shoes of the qui tam plaintiff and prosecute the action on its own or allowing the qui tam plaintiff to pursue the action on his or her own. This is supported by the reading, “Any person with information about healthcare fraud can be a qui tam plaintiff (realtor)” (Showalter, 2017,

Get Access