The Impact of the False Claims Act

The Impact of the False Claims Act

July 18, 2023, Federal News Network

Peter Hutt was featured as a guest on the Federal News Network's radio show, "Off the Shelf," discussing the False Claims Act. The discussion examines the legal framework of the FCA and how it impacts the government contracts market.

In the episode, Peter lays out the history of the law, including liability standards, potential damages and penalties, and the role of qui tam plaintiffs/relators. He also discusses key trends in FCA statistics released by the DOJ, including that there has been an increase in activity but a reduction in recoveries.

In discussion of recent case law, Peter highlights Mark Mosier's recent U.S. Supreme Court win in U.S. ex rel Polansky v. Executive Health Resources, which addressed the timing and ability of the DOJ to intervene in and dismiss qui tam suits. He also notes that another Supreme Court case, U.S. ex rel Schutte V. Supervalu, is significant because it held that the scienter standard refers to a defendant’s contemporaneous knowledge and subjective beliefs, not what an objectively reasonable person may have believed.

Listen to the full episode here.