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By Prescription Online

The False Claims Act
By its terms, the False Claims Act, in 31 U.S.C.A. § 3729(a), provides, among other things:

Any person who ...

(1) knowingly presents, or causes to be presented, to [the Government] ... a false or fraudulent claim for payment or approval;

(2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government; [or]

(3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid;

... is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person....

Here, as with the Anti-kickback Statute, a mental state is required to find liability. There is a difference, however, between the two laws. While the Anti-kickback Statute applies a "knowing and willful" mens rea, the False Claims Act employs a somewhat less stringent standard. The mental state required for finding liability under the False Claims Act is also defined by statute, 31 U.S.C.A. § 3729(b), which states: