BLMs BIG-FAT Lie:
TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER III > § 3729
§ 3729. False claims
(a) Liability for Certain Acts.— Any person who—
(1) knowingly presents, or causes to be presented, to an officer or employee of
the United States Government or a member of the Armed Forces of the United
States a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or
statement to get a false or fraudulent claim paid or approved by the Government;
(3) conspires to defraud the Government by getting a false or fraudulent claim
allowed or paid;
(4) has possession, custody, or control of property or money used, or to be
used, by the Government and, intending to defraud the Government or willfully to
conceal the property, delivers, or causes to be delivered, less property than
the amount for which the person receives a certificate or receipt;
(5) authorized to make or deliver a document certifying receipt of property
used, or to be used, by the Government and, intending to defraud the Government,
makes or delivers the receipt without completely knowing that the information on
the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation or debt, public
property from an officer or employee of the Government, or a member of the Armed
Forces, who lawfully may not sell or pledge the property; or
(7) knowingly makes, uses, or causes to be made or used, a false record or
statement to conceal, avoid, or decrease an obligation to pay or transmit money
or property to the Government,
is liable to the United States Government for a civil penalty of not less than
$5,000 and not more than $10,000, plus 3 times the amount of damages which the
Government sustains because of the act of that person, except that if the court
finds that—
(A) the person committing the violation of this subsection furnished officials
of the United States responsible for investigating false claims violations with
all information known to such person about the violation within 30 days after
the date on which the defendant first obtained the information;
(B) such person fully cooperated with any Government investigation of such
violation; and
(C) at the time such person furnished the United States with the information
about the violation, no criminal prosecution, civil action, or administrative
action had commenced under this title with respect to such violation, and the
person did not have actual knowledge of the existence of an investigation into
such violation;
the court may assess not less than 2 times the amount of damages which the
Government sustains because of the act of the person. A person violating this
subsection shall also be liable to the United States Government for the costs of
a civil action brought to recover any such penalty or damages.
(b) Knowing and Knowingly Defined.— For purposes of this section, the terms
"knowing" and "knowingly" mean that a person, with respect to information—
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth or falsity of the information,
and no proof of specific intent to defraud is required.
(c) Claim Defined.— For purposes of this section, "claim" includes any request
or demand, whether under a contract or otherwise, for money or property which is
made to a contractor, grantee, or other recipient if the United States
Government provides any portion of the money or property which is requested or
demanded, or if the Government will reimburse such contractor, grantee, or other
recipient for any portion of the money or property which is requested or
demanded.
(d) Exemption From Disclosure.— Any information furnished pursuant to
subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure
under section 552 of title 5.
(e) Exclusion.— This section does not apply to claims, records, or statements
made under the Internal Revenue Code of 1986.
http://www.law.cornell.edu/uscode/html/uscode31/usc_sec_31_00003729----000-.html
§ 3729. False claims
(a) Liability for Certain Acts.— Any person who—
(1) knowingly presents, or causes to be presented, to an officer or employee of
the United States Government or a member of the Armed Forces of the United
States a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or
statement to get a false or fraudulent claim paid or approved by the Government;
(3) conspires to defraud the Government by getting a false or fraudulent claim
allowed or paid;
(4) has possession, custody, or control of property or money used, or to be
used, by the Government and, intending to defraud the Government or willfully to
conceal the property, delivers, or causes to be delivered, less property than
the amount for which the person receives a certificate or receipt;
(5) authorized to make or deliver a document certifying receipt of property
used, or to be used, by the Government and, intending to defraud the Government,
makes or delivers the receipt without completely knowing that the information on
the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation or debt, public
property from an officer or employee of the Government, or a member of the Armed
Forces, who lawfully may not sell or pledge the property; or
(7) knowingly makes, uses, or causes to be made or used, a false record or
statement to conceal, avoid, or decrease an obligation to pay or transmit money
or property to the Government,
is liable to the United States Government for a civil penalty of not less than
$5,000 and not more than $10,000, plus 3 times the amount of damages which the
Government sustains because of the act of that person, except that if the court
finds that—
(A) the person committing the violation of this subsection furnished officials
of the United States responsible for investigating false claims violations with
all information known to such person about the violation within 30 days after
the date on which the defendant first obtained the information;
(B) such person fully cooperated with any Government investigation of such
violation; and
(C) at the time such person furnished the United States with the information
about the violation, no criminal prosecution, civil action, or administrative
action had commenced under this title with respect to such violation, and the
person did not have actual knowledge of the existence of an investigation into
such violation;
the court may assess not less than 2 times the amount of damages which the
Government sustains because of the act of the person. A person violating this
subsection shall also be liable to the United States Government for the costs of
a civil action brought to recover any such penalty or damages.
(b) Knowing and Knowingly Defined.— For purposes of this section, the terms
"knowing" and "knowingly" mean that a person, with respect to information—
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth or falsity of the information,
and no proof of specific intent to defraud is required.
(c) Claim Defined.— For purposes of this section, "claim" includes any request
or demand, whether under a contract or otherwise, for money or property which is
made to a contractor, grantee, or other recipient if the United States
Government provides any portion of the money or property which is requested or
demanded, or if the Government will reimburse such contractor, grantee, or other
recipient for any portion of the money or property which is requested or
demanded.
(d) Exemption From Disclosure.— Any information furnished pursuant to
subparagraphs (A) through (C) of subsection (a) shall be exempt from disclosure
under section 552 of title 5.
(e) Exclusion.— This section does not apply to claims, records, or statements
made under the Internal Revenue Code of 1986.
http://www.law.cornell.edu/uscode/html/uscode31/usc_sec_31_00003729----000-.html
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