In 2009, Congress amended the False Claims Act (FCA) to impose liability on those who knowingly fail to reimburse the government for overpayments.  31 U.S.C. § 3729(a)(1)(G).  This is known as the "reverse false claim" because it is based on a failure to reimburse the government, rather than on fraudulently induced payments.  Compare § [...]

Under 31 U.S.C. § 3730(b)(5), when a whistleblower files a False Claims Act (FCA) lawsuit, no other person may bring a related action based on the same underlying facts.  This first-to-file rule functions much like the original source rule, baring subsequent attempts to file suits based on information already available to the government.  However, unlike [...]

After the government has reviewed the FCA complaint and disclosure statement, there may be a relator interview.  The whistleblower—known as the relator—will meet with the local U.S. Attorney’s Office.