States, Statutes, and Fraud: an Empirical Study of Emerging State False Claims Acts
6 Pages Posted: 31 May 2007
Since Congress revitalized the federal False Claims Act (FCA) in 1986, the qui tam action--which allows recovery by a private party who alleges and proves fraud against the government--has 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 limited.
This 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.
Keywords: statute, fraud, False Claims Act, qui tam, state law
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