Record Civil False Claims Act Recoveries: The Implications for Nonprofits

Explore:  False Claims Act

Nonprofit organizations featured prominently in cases leading to the U.S. Department of Justice’s December 4, 2012 press conference announcing a record recovery in fiscal year 2012 of nearly $5 billion in False Claims Act (FCA) settlements and judgments. The implications from this second straight year of “highest-ever” False Claims Act recapture of government money are clear: If you receive payments from the government, or make payments to it, you are subject to DOJ’s greatly enhanced civil fraud recovery program.

In the four years ending September 30, 2012, Justice obtained $13.3 billion through FCA cases, the largest four-year total in the Department’s history. Acting Associate Attorney General Tony West emphasized that DOJ will continue to support the Civil Division’s Fraud Unit and expand its partnerships with U.S. attorneys and other government agencies across the country. On this point, Principal Deputy Assistant Attorney General Stuart Delery underscored that civil fraud cases have a very human face; the Department is committed to protecting seniors, children, homeowners, parents, patients, and “our men and women in uniform.”

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