cbareport-dec12 - page 9

December 2012 CBA REPORT
feature article
recovered approximately $26 million for
fraud. Now, using the FCA with most
cases driven by
qui tam
actions, the
government annually recovers billions of
Indeed, in fiscal year 2012, the United
States will recover $11 billion pursuant to
the FCA.
Government contractors and their
lobbyists have made numerous attempts
to have Congress water down the FCA.
All such attempts have failed. As a result
the contractors have chipped away at the
1986 Amendments in the Courts leading
to several judicial opinions which had
the effect of limiting the effectiveness of
the FCA. Finally, prompted by a United
States Supreme Court opinion based
on another Cincinnati case,
again stepped in and enacted a series
of clarifications designed to undo years
of judicial decisions. These clarification
amendments to the FCA were enacted
in 2009
and twice in 2010,
all signed by
President Obama.
Since the enactment of the 1986 FCA
Amendments, more than $30 billion
has been recovered under the statute.
Defense contractors, pharmaceutical
companies, hospitals, doctors, universi-
ties and others who have abused their
privilege of working for the taxpayers
have learned that Lincoln’s Law, even af-
ter 150 years, still protects the treasury.
Helmer is President of Helmer, Martins, Rice &
Popham, Co., L.P.A. His practice focuses on complex
litigation. He is the author of False Claims Act:
Whistleblower Litigation (6th ed. BNA 2012).
1 Now found at 31 U.S.C. §§ 3729-3733.
Qui tam pro domino rege quam pro si ipso in hac parte
, which translates as “who sues on behalf of the
king as well as for himself.” Black’s Law Dictionary 1251
(6th ed. 1990).
United States ex rel. Marcus v. Hess
, 317 U.S. 537 (1943).
United States ex rel. Gravitt v. General Electric Co.
, 680 F.
Supp. 1162 (S.D. Ohio),
appeal dismissed
, 848 F.2d 190
(6th Cir.),
cert. denied sub nom
General Electric Co. v.
United States
, 488 U.S. 901 (1988).
Allison Engine Co. v. United States ex rel. Sanders
, 553 U.S.
662 (2008).
6 The Fraud Enforcement and Recovery Act, Pub. L. No.
111-21 at §4, 123 Stat. 1617, 1621-25 (May 20, 2009).
7 The Patient Protection and Affordable Case Act, Pub.
L. No. 111-148 at §10104(j)(2), 124 Stat. 119, 901-902
(March 23, 2010) and the Dodd-FrankWall Street
Reform and Consumer Protection Act, Pub. L. No. 111-
203, §1079A(c), 124 Stat. 1376, 2077 (July 21, 2010).
L e a v e a l e ga c y o f
s e c u r e a b r i g h t
f uture
Encourage your clients to bring hope where there is despair,
love where there is loneliness and faith where there is emptiness.
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Director of Development, at 513-562-8841 ext. 225.
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