§8706 — Title 41 Public Contracts | U.S. Code

Summary

The federal government can sue to get money back when someone knowingly takes part in banned kickback conduct. If a person knowingly breaks the rule, the government can recover twice the kickback amount and up to $10,000 for each time it happened. If an employee, subcontractor, or a subcontractor’s employee gives, accepts, or charges a kickback, the government can recover the amount of that kickback. A suit must be started within 6 years after the later of when the banned conduct happened or when the government first knew or should have known about it.

Title 41, §8706

Public Contracts — Source: USLM XML via OLRC

(a)The Federal Government in a civil action may recover from a person—

(1)that knowingly engages in conduct prohibited by section 8702 of this title a civil penalty equal to—

(A)twice the amount of each kickback involved in the violation; and

(B)not more than $10,000 for each occurrence of prohibited conduct; and

(2)whose employee, subcontractor, or subcontractor employee violates section 8702 of this title by providing, accepting, or charging a kickback a civil penalty equal to the amount of that kickback.

(b)A civil action under this section must be brought within 6 years after the later of the date on which—

(1)the prohibited conduct establishing the cause of action occurred; or

(2)the Federal Government first knew or should reasonably have known that the prohibited conduct had occurred.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 870641:55.Mar. 8, 1946, ch. 80, § 5, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3524.

§8706 Civil actions

Summary

Title 41, §8706

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata