FRAUD CLAIMS ACT USED TO COMBAT FRAUD IN STIMULUS PROJECTS
By Kent Berk on September 16th, 2009 in BID PROTEST LAW, BLOG
It is expected that the Federal False Claims Act (FCA) will be used to combat false and fraudulent activity in stimulus projects. The current FCA, 31 U.S.C.A. § 3729(a)(1), broadly subjects any person who engages in the following to severe penalties and damages:
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.
Violatrors are “liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 104-410 [FN1]), plus 3 times the amount of damages which the Government sustains because of the act of that person.”
Given the huge amounts of money being infused into the economy, the government has recognized the increased potential for fraud. As a result, there are currently efforts to broaden and clarify the already apparent broad sweep of the FCA.