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Full-Text Articles in Law

Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman May 2023

Whistleblower Protection Under The False Claims Act: Providing Former Employee Inclusion, Nathaniel Kinman

University of Cincinnati Law Review

No abstract provided.


A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch May 2023

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …


All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji May 2023

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.