FCA Penalties to Nearly Double After Inflation Adjustment

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In an Interim Final Rule effective August 1, 2016, the Department of Justice (DOJ) confirmed increased statutory penalties under the False Claims Act (FCA) to adjust for inflation, almost doubling current penalty amounts. 

As adjusted, the range of FCA penalty amounts per claim will increase to a minimum of $10,781 (from $5,500) and a maximum of $21,563 (from $11,000).  The adjusted penalty amounts will be applicable only to penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015.  The DOJ is seeking comments to the Interim Final Rule.  Any comments must be submitted on or before August 29, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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