The Versatility of the FCA

One of the most exciting aspects of the False Claims Act is its versatility. Because fraud can take several different forms, and because the government is involved in so many different ventures, the FCA's architects may the FCA adaptable to meet almost any situation involving government funds.

The three core liability provisions of the FCA impose liability for making a false claim, submitting one, or conspiring to get a false claim paid. Those liability provisions require proof three elements:

1. the submission of a false claim to the United States,
   
2. the falsity of the claim, and
   
3. knowledge of the falsity of the claim.

Claims have been broadly defined to include "any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States provided any portion of the money or property which is requested or demanded, or if the Government will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded."

Given Congress's broad definition of the term "claim," the government has brought successful civil actions against a whole host of fraudsters, including:

ambulance companies

defense contractors

acute care hospitals

clinical laboratories

psychiatric hospitals

dentists and doctors

billing consultants

durable equipment manufacturers

research and other universities

home health agencies

nursing home providers

schools

local education agencies

mental retardation agencies

mental health agencies

county governments

and on and on and on.....

Probably, the FCA's versatility is one reason why the Act has been able return more than 200 billion dollars to the federal treasury since its reinvigoration in 1986.

Potential whistleblowers should focus on whether or not public money is involved with the fraud, rather than whether the possible defendant is included in the above list. Even easier, contact a qui tam attorney for a free assessment.