Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

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The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who, among other things, were selling sawdust-tainted gunpowder to the U.S. government. The FCA was used infrequently to combat such actions until 1982, when Congress passed the current version of the law, now codified as 31 U.S.C. §§ 3729–3732.

Originally published in Construction Lawyer Volume 38, Number 1 - Winter 2018.

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