False Claims Act

The False Claims Act is powerful. It enables the government to deter, punish, and remedy fraud. But, to date, the full extent of the False Claims Act’s power has gone underappreciated. It can also be used to obtain equitable relief. And if scholars and government lawyers are serious about promoting civil rights (or other policy objectives), they should use False Claims Act injunctions as policy-advancing tools.

Congress has decided that awarding kickbacks to doctors to influence medical decisions is unacceptable, at least when the underlying medical care is reimbursed at the government’s expense.