In this article, the author reviews the basic elements of the False Claims Act, its qui tam provisions, recent Department of Justice enforcement statistics and a number of recent False Claims Act developments.

The civil False Claims Act (FCA)¹ was enacted in 1863 in response to allegations of fraud in Civil War procurements. The FCA has since become the government's weapon of choice to combat fraud, waste, and abuse in government contracting. This article begins by briefly reviewing the basic elements of the FCA and its qui tam provisions, and recent Department of Justice (DOJ) enforcement statistics. This article then discusses a number of FCA developments, including:

1. The Supreme Court's actions regarding the government's authority to dismiss qui tam actions under 31 U.S.C. § 3730(c)(2)(A), and the correct pleading standard required to prove scienter;
2. The Supreme Court's refusal to engage on the controversial issue of the FCA's pleading with "particularity standard";
3. More changes in DOJ's enforcement policy under the Biden Administration;
4. Status of Senator Chuck Grassley's proposed amendments to the FCA;
5. Growing FCA enforcement against private equity firms; and
6. Ongoing priority FCA enforcement against COVID-19 pandemic relief fraud.

I. BASIC ELEMENTS OF THE FCA AND QUI TAM PROVISIONS

The FCA makes it unlawful for a person to knowingly: (1) present or cause to be presented to the government a false or fraudulent claim for payment, or (2) make or use a false record or...

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