The Chamber of Commerce has commenced a well-financed and aggressive lobbying campaign to undermine America’s most effective whistleblower law, the False Claims Act. To justify its anti-whistleblower campaign the Chamber published a report entitled, “Fixing the False Claims Act: the Case For Compliance-Focused Reforms.”
The purpose of this blog series is to combat the Chamber’s misinformation, and explain why the False Claims Act must be protected. Whistleblowers and their supporters are strongly urged to read this blog series and share it with friends.
Fact Number 24:
The Chamber’s claim that “any fine-print regulatory requirement” can result in FCA liability is patently false and misrepresents the FCA. In the very first case cited to by the Chamber to justify its argument, the court was very careful to “caution” that liability under an implied certification theory cannot be interpreted “expansively and out of context.” The court explained that the FCA “was not designed for use as a blunt instrument to enforce regulatory compliance,” and that law should not be interpreted in an “expansive fashion” that would “improperly broaden the Act’s reach.”
Continue Reading The FCA Does Not Permit Recovery for Violations of “Any Fine-Print Regulatory Requirement”