by Bryce L. Friedman, Nicholas S. Goldin, Zachary Hafer, and Jeffrey Knox
From left to right: Bryce L. Friedman, Nicholas S. Goldin, Zachary Hafer, and Jeffrey Knox (photos courtesy of Simpson Thacher & Bartlett LLP)
The United States recovers in excess of $2 billion annually through False Claims Act enforcement. The Act is among the United States’ most powerful anti-fraud tools. Litigation against companies and investors under the Act is growing, in part, because the qui tam provisions of the Act allow private individuals to file litigation in the name of the United States and to obtain a percentage of any recovery. After a series of decisions from the lower federal courts, it is becoming increasingly likely that the Supreme Court will review the constitutionality of the qui tam provisions of the Act.