What If The Government Says A False Claim Isn’t False?11/28/2016 | Law360
By Mark Strauss, Kirby McInerney LLP
Law360, New York (November 28, 2016) — The anti-fraud bar is focused on the upcoming oral argument in the appeal of the trial verdict in United States et rel. Harman v. Trinity Industries Inc., calendared for Dece. 7, 2016, before the Fifth Circuit. The $663 million verdict — the largest in the history of the federal False Claims Act — raises questions going to the heart of the FCA’s qui tam (whistleblower) provisions.
Those provisions enable private parties who have evidence of fraud against the government to bring civil lawsuits for the recovery of damages on the government’s behalf. Successful qui tam whistleblowers receive bounties of 15 and 30 percent of what the government receives.
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