PRIA, Government Policy, Made Personal

Summary

The Federal Government can sue to get money back when someone knowingly takes part in a kickback. If a person knowingly does a kickback, the government can recover twice the kickback amount and up to $10,000 for each time it happened. If the person’s employee, subcontractor, or their worker gives, accepts, or charges a kickback, the government can recover the amount of that kickback from the person. The government must start the lawsuit within 6 years after the later of two dates: when the kickback happened, or when the government first knew or reasonably should have known about it.

Title 41, §8706

Public Contracts, Source: USLM XML via OLRC

(a)Amount.—

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)Statute of Limitations.—

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