Damages and Penalties in Qui Tam Cases Under the False Claims Act to Be Addressed at ABA Conference

March 30, 2012

A critical issue in qui tam cases under the False Claims Act is how government lawyers and whistleblower attorneys prove damages caused by the fraud and false claims involved.

This whistleblowerlawyerblog's co-author MIchael A. Sullivan has been asked to moderate a panel discussion on "Recent Developments on Damages and Penalties" at a leading American Bar Association conference on the False Claims Act, the 2012 ABA National Institute on the Civil False Claims Act and Qui Tam Enforcement, on June 6-8, 2012 in Washington.

Joining me for this discussion of damages and penalties under the False Claims Act are Sara McLean, Assistant Director of the Commercial Litigation Branch of the Department of Justice; Paul Kaufman, Assistant United States Attorney for the Eastern District of New York; Jamie Bennett of Ashcraft & Gerel, LLP; Robert S. Salcido of Akin Gump Strauss Hauer & Feld LLP; and Katherine Lauer of Latham & Watkins LLP.

Our focus will be on calculating and proving FCA damages, especially in cases where the damages are not easily ascertainable, and the assessment of civil penalties. The FCA authorizes recovery of "treble" damages (three times actual damages) and penalties of $5,500 to $11,000 for each false or fraudulent claim.

For more information on the False Claims Act, please click here for our article that explains the Act in greater detail.