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The FRCP Rule 9(b) Standard In False Claims Act Cases

In recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.

10 minute read July 01, 2022 at 12:05 AM
By
Michael A. Sirignano
The FRCP Rule 9(b) Standard In False Claims Act Cases

The Justice Department recently reported obtaining more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2021. See, Justice Department's False Claims Act Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021 (Feb. 1, 2022).

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