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'Objective Falsity' And The FCA: An Ongoing Circuit Split - Food, Drugs, Healthcare, Life Sciences


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The False Claims Act ( FCA ) is a Federal statute
originally enacted in 1863 as a response to fraud from defense
contractors during the American Civil War. Under the FCA (31 U.S.C.
§§ 3729 - 3733), it is a crime for any person to
knowingly submit false or fraudulent claims for payment to the
United States government. Those who violate the FCA are liable for
treble damages plus a per-claim monetary penalty (calculated to
align with inflation). Private citizens can file whistleblower
suits on behalf of the government ( ....

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