A Brief Review of False Claims Act

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The False Claims Act (FCA) was implemented to prevent false claims made that robbed the government of millions of dollars every year. This law was initially meant to curb false claims made within the defence industry. It then went on to include false claims made in other industries like the medical industry. Given below is the latest review of the False Claims Act. 

False Claims Act is stringent

False Claims lawyers are an asset to your institution as over the years, the FCA has been extended to includes numerous industries and fraudulent activities happening in them. This is mainly because the FCA is a very stringent Act. The burden of proof, preponderance of evidence, and the disregard of scienter standards, are just a few of the reasons why enforcement under the FCA is much more effective than other statutes. 

Cyber security is covered under the Act

In the month of October 2021, the Department of Justice officially announced that cyber fraud committed by government contractors and recipients of grants will also be brought within the purview of the False Claims Act. A Civil Cyber-Fraud Initiative was also formed to apply the FCA to such cyber frauds. Given how the FCA is growing to include more areas, a False Claims lawyer is a necessity to ensure that you are not in violation of any of the latest restrictions imposed by the FCA. 

CARES Act will be covered by the FCA

At present, proceedings with respect to the CARES Act are criminally prosecuted. However, False Claims attorneys are expecting proceedings under the CARES Act to be covered under the False Claims Act in 2022. The heavy penalties imposed by the FCA make civil enforcement a viable option when it comes to violations of the CARES Act. This move to seek civil enforcement under the FCA is a result of the over 40,000 tips of fraudulent activities regarding the CARES Act, the over 70,000 loans that were handed out to ineligible borrowers, and other such fraudulent activities, that were brought to the notice of the DOJ. 


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