Under the False Act (FCA), citizens are entitled to sue in the name of the government in order to recover monies owed as a result of “false claims” or fraud. FCA cases are not immediately served to the defendant but rather are filed under seal in order to provide government attorneys with the opportunity to investigate claim and determine if they warrant further action. The statute has been used to a great extent in recent years and in many cases the government has determined that private counsel should pursue those claims which are deemed substantial and viable.

This CLE course will offer an overview in investigating and preparing a case on the basis that it will be litigated. The course will also address pleadings issues relevant to FCA cases, materiality and presentment, discovery and other evidentiary concerns and the non-intervened government as a partner.