The Expansion Of The Civil False Claims Act Under S. 386.

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The Expansion Of The Civil False Claims Act Under S. 386.

Article by Richard O. Duvall , Allison V. Feierabend , Christopher A. Myers and John P. Rowley III

Originally published March 16, 2009

Richard Duvall , Christopher Myers and John Rowley III, Northern Virginia office. Allison Feierabend, Washington office.

The Senate Judiciary Committee, with bipartisan support, recently voted to report out S. 386, the Leahy-Grassley Fraud Enforcement and Recovery Act of 2009. S. 386 would strengthen regulatory provisions involving mortgage, securities and financial fraud, and significantly expand the reach of the False Claims Act, 31 U.S.C. s.3729, et seq. (FCA). The focus in this client alert is on the proposed amendments in S. 386 to the FCA.

Background

Proposals for sweeping changes to the False Claims Act were introduced in the prior (110th) Congress as S. 2041 and H.R. 4854 (both called The False Claims Corrections Act), and as H.R. 3180 (The Whistleblower Recovery Act of 2007). Although none of these bills passed, it was clear by ear...

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