Strengthen the False Claims Act and Protect its qui tam provision from attack

The False Claims Act is our most powerful anti-corruption law, underpinning massively successful whistleblower programs such as the SEC Whistleblower Program and the CFTC Whistleblower Program. Since its inception, the FCA has recouped over $70 Billion in fraudulently stolen and levied countless billions in criminal penalties. The FCA has stopped Medicare and Medicaid fraud, government contracting fraud, and more in its tracks by allowing everyday citizens to bring forth whistleblower claims on behalf of the government in qui tam suits. Two laws that would strengthen this powerful anti-corruption tool have been languishing in Congress, the Administrative False Claims Act, and the False Claims Act Amendment, which would prevent federal contractors from colluding with government officials and allow the federal government to administratively sanction contractors in smaller cases. It is beyond time that these two laws, which enjoy bipartisan support, are passed into law.

Secondly, we must protect the qui tam provision from judicial attack. For over 160 years, the Constitutionality of the provision has been upheld by courts across the country. Recently, a District Court in Florida ruled the provision to be in violation of the Appointments Clause in the Constitution. We must urge our Representatives and Senators to take a stand for the FCA and the Constitutionality of America’s most effective anti-corruption tool.