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Reduced Qui Tam Exposure for Firms That Fail to Self-Report?
A recent decision of the U.S. District Court for the District of Columbia limited the reach of the 'reverse false claims' provision of the civil False Claims Act, 31 U.S.C.
' 3730(a)(7). This opinion, if followed by other courts, will reduce the risk of civil False Claims Act liability for companies accused of failing to self-report regulatory violations in settings where self-disclosure is required.
Background
In the jargon of the civil False Claims Act, one who 'knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government,' can be subject to 'reverse false claim' liability. See 31 U.S.C. ' 3729(a)(7). Either the government or a private relator can accuse a company of a reverse false claim. And reverse false claims actions can be expensive.
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