15. Whistleblower/False Claims Act Liability

You can be liable under the False Claims Act (FCA) for actions including, but not limited to:

  • Charging the government for more than what was provided;
  • Seeking payment pursuant to a program for which the claimant was not eligible;
  • Demanding payment for goods or services that do not conform to contractual or regulatory requirements;
  • Fraudulently withholding property from the government or attempting to pay the government less than is owed in connection with any goods, services, concession, or other benefits provided by the government;
  • Fraudulently seeking to obtain a government contract;
  • Submitting a fraudulent application for a grant of government funds;
  • Submitting a false application for a government loan;
  • Requesting payment for goods or services that are defective or of lesser quality than those for which the government contracted;
  • Making false statements for a loan guaranteed by the government that later defaults;
  • Requesting government services to which one is not entitled;
  • Submitting a claim that falsely certifies that one has complied with a law, contract term, or regulation;
  • Submitting a claim by a person who has violated a statute or regulation, the violation of which is capable of influencing the payment decision;
  • Submitting a false application in a multi-staged grant application process, where the second stage of the application would not have been granted had the applicant been truthful n the first stage;
  • Submitting a claim for payment even though one was violating the government-funded program’s conditions of participation or payment;
  • Submitting a claim that seeks payment for an estimate or opinion that one knows to be false;
  • Submitting claims based on an interpretation of a regulation or contract that the defendant knows has been rejected by the government;
  • Fraudulently cashing a government check or knowingly keeping government funds that were initially wrongfully or mistakenly obtained.