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Civil False Claims Act: D.C. District Court Decision Limits Retroactive Effect of FERA Amendment to Pending "Claims," Not Pending Cases |
October 5, 2009
Previously published on September 16, 2009
The first major decision interpreting the retroactivity of one amendment to FCA liability in the Fraud Enforcement and Recovery Act of 2009 ("FERA") has limited the retroactive application of that amendment, holding that it applies to FCA "claims"--not FCA cases--that were pending as of June 7, 2008. Prior to FERA, liability for false statements made to get the government to pay or approve a false claim has been governed by 31 U.S.C. § 3729(a)(2) (now 31 U.S.C. § 3729(a)(1)(B)). In Allison Engine Co., Inc. v. United States ex rel. Sanders, 128 S. Ct. 2123 (U.S. 2008), the Supreme Court interpreted this provision to require proof that the defendant made the false statement for the purpose of getting the government to pay or approve the claim. FERA amended this provision to remove the intent requirement.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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