§3732 — Title 31 Money and Finance | U.S. Code

Summary

You can file a False Claims Act lawsuit in any federal court where a defendant can be found, lives, does business, or where the alleged wrongdoing happened. The court will issue a summons and it can be served anywhere in or outside the United States. Federal courts can also hear state or local claims to get back money if those claims come from the same events as the federal case. If a state or local government joins as a co‑plaintiff, a court-ordered secrecy (a seal) does not stop the U.S. or the person bringing the case from giving the complaint, other filings, or most evidence to the state or local law enforcement officials who can investigate or prosecute; the seal applies to those officials the same as to other parties.

Title 31, §3732

Money and Finance — Source: USLM XML via OLRC

(a)Any action under section 3730 may be brought in any judicial district in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 3729 occurred. A summons as required by the Federal Rules of Civil Procedure shall be issued by the appropriate district court and served at any place within or outside the United States.

(b)The district courts shall have jurisdiction over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730.

(c)With respect to any State or local government that is named as a co-plaintiff with the United States in an action brought under subsection (b), a seal on the action ordered by the court under section 3730(b) shall not preclude the Government or the person bringing the action from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence and information possessed by the person bringing the action on the law enforcement authorities that are authorized under the law of that State or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2009—Subsec. (c). Pub. L. 111–21 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–21 effective

May 20, 2009, and applicable to conduct on or after

May 20, 2009, except that this section, as amended by Pub. L. 111–21, applicable to cases pending on

May 20, 2009, see section 4(f) of Pub. L. 111–21, set out as a note under section 3729 of this title.

§3732 False Claims Jurisdiction