The Fraud Enforcement and Recovery Act of 2009 (“FERA”), signed into law by President Obama on May 20, significantly expanded the scope of conduct for which persons and organizations can be liable under the False Claims Act (“FCA”). In addition to attaching FCA liability to overpayments, Congress acted to explicitly overturn court decisions that excluded from FCA liability claims that were paid by grantees or contractors from money provided by the U.S. Government, and claims made directly to the government that were paid from funds administered by the government. In addition to expanding the types of prohibited conduct, FERA also broadened the government’s FCA investigative powers in a way that may fundamentally change the way FCA cases develop.

In this article, Brian Hill and Josephine Harriott discuss the recently signed Fraud Enforcement and Recovery Act of 2009, and what it may mean for cases under the False Claims Act.

To read the article, click here.