Effective August 1, the penalty range for violations under the civil False Claims Act nearly doubled, pursuant to a Department of Justice interim final rule published on June 30th. In a “Feature Comment” published in The Government Contractor, C&M attorneys analyze how the dramatic increase in FCA penalties impacts the landscape of litigation.
Eighth Amendment
Imposition of Substantial Penalties Under The FCA Where No Damages Are Found Violates Eighth Amendment
By Dalal Hasan on
Posted in False Claims
Last week, the U.S. District Court for the Eastern District of Virginia in U.S. ex rel. Bunk v. Birkart Globistics GmbH & Co., et al. (a qui tam case in which the government did not intervene) declined to impose statutory penalties on the jury’s finding of 9,136 false claims (invoices submitted by defendants under a…