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Expanded False Claims Liability

By Peter D. Hardy and Kaitlin M. Piccolo

Besides its changes to criminal law described in this issue, the Fraud Enforcement and Recovery Act of 2009 (FERA), signed into law on May 20, 2009, significantly increases companies' exposure to civil lawsuits brought by the government and whistleblowers. FERA amends ' for the first time in 23 years ' the False Claims Act (FCA), 31 U.S.C. ' 3729, often employed by qui tam relators to pursue fraud against the government, including alleged fraud involving health care providers, government contractors, and now the use of Troubled Asset Relief Program (TARP) funds. These expansions invite both new legal battles and a likely increase in FCA lawsuits, including those involving parallel criminal and civil proceedings.

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