§3802 False Claims and Statements; Liability

Summary

People who file or cause to be filed a claim to the U.S. government that they know (or should know) is false can be fined and made to pay extra money. A person can get a civil fine of up to $5,000 for each false claim. If the claim is found to be in violation, the person can also be charged an extra amount of up to twice the value of the claim (instead of damages), unless the government never paid the claim. Written statements that include or hide important facts, where the person had a duty to tell the truth and signed or certified the statement, can also bring a fine of up to $5,000 each. For certain claims about property, services, or money that were wrongfully withheld, the extra charge cannot be more than double the value wrongfully withheld. A finding that there is enough evidence to believe someone is liable, or a finding they are liable, can give an agency a reason to start administrative or contract actions (like suspension or debarment), but the agency does not have to act. Such a finding is not automatically treated as final proof of a person’s responsibility under federal contracting rules.