Separating the Wheat from the Chaff: Reforming False Claims Act Enforcement Practices in Response to the Fraud Enforcement and Recovery Act

On May 20, 2009, President Barack Obama signed the Fraud Enforcement and Recovery Act (FERA) and ushered into law the most sweeping changes to the False Claims Act in over 20 years. By adopting legislation that invites increased private monitoring within the federal acquisition system, the Government must now accept even greater responsibility than it currently does to ensure the FCA is not abused by qui tam relators whose motives may diverge from the President's acquisition reform agenda. This paper outlines several problems underlying the Government's current FCA enforcement practices, including recent changes to the FCA, and recommends a model for reforming how qui tam lawsuits are regulated by the Department of Justice (DOJ) before turning them over for private prosecution.

Author

• Kirchmaier, Charles T.

Language

• en

Date created

• 2010

Type of Work

• Master's Thesis

License

• All rights reserved

Rights statement

• In Copyright

GW Unit

• Law

Degree

• LL.M.

Advisor

• Schooner, Steven L

Persistent URL

•  https://scholarspace.library.gwu.edu/etd/9593tv319