False Claims Act (“Lincoln Law”)

The False Claims Act (FCA), also known as “Lincoln Law,” contains both a civil and a criminal component. Each imposes liability on any person or corporation who knowingly presents a false or fraudulent claim to the federal government. The act is known as “Lincoln Law” since the earliest version was legislated in 1863 in order to counter widespread fraud resulting in the procurement of diseased mules and defective muskets under Civil War defense contracts. The FCA’s scope is notably broad. Any person or company that does business directly or indirectly with the government may face FCA prosecution. Additionally, the act protects informers (whistleblowers) who disclose false or fraudulent practices or provide evidence that scientific or technical data have been censored. It also codifies a requirement ...