2023 False Claims Act and Virginia Fraud Against Taxpayers Act Update

A pre-recorded streaming VIDEO replay of the March 2023 webcast, 2023 False Claims Act and Virginia Fraud Against Taxpayers Act Update.

In the 159 years of its existence, the federal False Claims Act (FCA) has become the single most important tool used to fight fraud in government programs. In fact, since 1986—when the law was substantially modernized—the United States has recovered more than $70 billion. The federal government’s success with the FCA caused the states to take notice, and, in 2002, Virginia became one of the first states to enact a state FCA statute when the General Assembly passed the Virginia Fraud Against Taxpayers Act (VFATA).

The FCA and VFATA both make seven broadly defined categories of behavior illegal and impose treble damages, civil penalties, attorney fees, and costs on those who violate the law. The real power of the statute, however, is found in its qui tam provisions, which empower any “person” with non-public knowledge of false claims on the government to retain counsel and bring a claim on behalf of the United States or the Commonwealth of Virginia.

This program begins with an overview of both statutes and includes a summary of important recent decisions. Viewers also learn about the somewhat mysterious process of initiating a qui tam action and how to avoid the numerous procedural pitfalls that await the unwary.

The presentation includes uniquely federal false claims cases and uniquely state false claims act cases. This is an area of law in which interest continues to grow, and this seminar provides the experienced and new attorney with valuable insights to grow their practice. Topics to be discussed include:

• Introduction to the law, including the prohibited acts
• Pleading the case and the importance of Fed. R. Civ. Pro. 12(b)(6) and 9(b)
• Interplay between the VFATA and the FCA
• An update on recent cases
• Important practice pointers and tips