Document Type

Working Paper

Publication Date

5-31-2007

SSRN Discipline

Legal Scholarship Network; Criminal Law & Procedure eJournals; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory

Abstract

Since Congress revitalized the federal False Claims Act FCA in 1986 the qui tam actionwhich allows recovery by a private party who alleges and proves fraud against the governmenthas become an increasingly important and successful regulatory tool Not surprisingly the success of the federal FCA has motivated a growing minority of state legislators to pass similar statutes Academic study of these provisions however has been limitedThis Article presents the first comprehensive survey of the structure and implications of state FCAs and qui tam provisions The results are based on interviews with state officials charged with their enforcement Interviewees were questioned regarding investigative resources allocated to false claims cases the practical application of each individual state qui tam provision the effectiveness of each provision the impact of federal cases upon state cases and coordination efforts between federal and state offices

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