31 USC § 3729. False claims
- (a) Liability for Certain Acts. - Any person who -
- (1) knowingly presents, or causes to be presented, to an officer or
employee
of the United States Government or a member of the Armed Forces of the United
States a false or fraudulent claim for payment or approval;
- (2) knowingly makes, uses, or causes to be made or used, a false record
or statement to get a false or fraudulent claim paid or approved by the
Government;
- (3) conspires to defraud the Government by getting a false or fraudulent
claim allowed or paid;
- (4) has possession, custody, or control of property or money used, or to
be
used, by the Government and, intending to defraud the Government or willfully
to conceal the property, delivers, or causes to be delivered, less property
than the amount for which the person receives a certificate or receipt;
- (5) authorized to make or deliver a document certifying receipt of
property
used, or to be used, by the Government and, intending to defraud the
Government, makes or delivers the receipt without completely knowing that the
information on the receipt is true;
- (6) knowingly buys, or receives as a pledge of an obligation or debt,
public
property from an officer or employee of the Government, or a member of the
Armed Forces, who lawfully may not sell or pledge the property; or
- (7) knowingly makes, uses, or causes to be made or used, a false record or
statement to conceal, avoid, or decrease an obligation to pay or transmit
money or property to the Government, is liable to the United States
Government for a civil penalty of not less than $5,000 and not more than
$10,000, plus 3 times the amount of damages which the Government sustains
because of the act of that person, except that if the court finds that -
- (A) the person committing the violation of this subsection furnished
officials of the United States responsible for investigating false claims
violations with all information known to such person about the violation
within 30 days after the date on which the defendant first obtained the
information;
- (B) such person fully cooperated with any Government investigation of such
violation; and
- (C) at the time such person furnished the United States with the information
about the violation, no criminal prosecution, civil action, or administrative
action had commenced under this title with respect to such violation, and the
person did not have actual knowledge of the existence of an investigation
into such violation; the court may assess not less than 2 times the amount
of damages which the Government sustains because of the act of the person.
A person violating this subsection shall also be liable to the United States
Government for the costs of a civil action brought to recover any such
penalty or damages.
- (b) Knowing and Knowingly Defined. - For purposes of this section, the terms
''knowing'' and ''knowingly'' mean that a person, with respect to information
-
- (1) has actual knowledge of the information;
- (2) acts in deliberate ignorance of the truth or falsity of the information;
or
- (3) acts in reckless disregard of the truth or falsity of the information,
and no proof of specific intent to defraud is required.
- (c) Claim Defined. - For purposes of this section, ''claim'' includes any
request or demand, whether under a contract or otherwise, for money or
property which is made to a contractor, grantee, or other recipient if the
United States Government provides any portion of the money or property which
is requested or demanded, or if the Government will reimburse such contractor,
grantee, or other recipient for any portion of the money or property which is
requested or demanded.
- (d) Exemption From Disclosure. - Any information furnished pursuant to
subparagraphs (A) through (C) of subsection (a) shall be exempt from
disclosure under section 552 of title 5.
- (e) Exclusion. - This section does not apply to claims, records, or
statements made under the Internal Revenue Code of 1986.