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Wednesday, May 13, 2026

False Claims Act Fundamentals: Damages | Bass, Berry & Sims PLC - JDSupra - JD Supra

Having previously examined the falsity, materiality, and scienter elements of the False Claims Act (FCA) in our FCA Fundamentals series, we now turn to what damages can arise from violations of the False Claims Act. The False Claims Act imposes liability for each false claim. If the alleged scheme is broad, pervasive, or spans an extended period, this can result in many individual false claims and significant damages and penalties. It is essential for defendants to scope damages and consider potential exposure throughout a False Claims Act case, which often requires an expert consultant.

Statutory Liability Under the False Claims Act

An entity or individual violates the False Claims Act if they knowingly present, or cause to be presented, false or fraudulent claims to the government for payment or approval, or if they knowingly make, use, or cause to be made or used a false record or statement material to a false or fraudulent claim. Defendants can also be liable for knowingly failing to repay or transmit money or return property to the government that it should not have received. Any co-conspirators of such unlawful conduct may also face liability.

Pursuant to 31 U.S.C. § 3729(a)(1), any defendant who violates these provisions is subject to treble (3x) damages “which the Government sustains because of the act of that person.” Defendants are also liable for per claim civil penalties. Although the statute provides for civil penalties between $5,000 and $10,000, these...



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