Where’s the “Claim?”
The reach of the False Claims Act (FCA) is long, but it does have its limits. It does not address fraud on private entities or individuals; there are other laws for that. Rather, the statute very specifically proscribes attempts to defraud the United States, with its longest-standing provision punishing the knowing submission to the government of a “false or fraudulent claim” for payment. Although the statute was enacted in 1863, it was not until 2009 that Congress actually defined the term “claim.” As part of the Fraud Enforcement and Recovery Act of 2009 (FERA), the FCA was amended to define “claim” as “any request or demand . . . for money or property” that is (1) presented to an officer, employee, or agent of the United States, or (2) presented to a contractor, grantee, or other recipient of federal funds, if the funds were to be used for a government program or interest, and if a portion of the funds was provided or would be provided by the federal government.
