The California False Claims Act (CFCA) is a law which provides civil penalties for business entities or individuals who commit certain forms of theft, embezzlement or fraud with respect to state or local government funds. CFCA allows a public entity to recover damages from any entity or person that knowingly presents a false claim for any payment or approval.
According to CACI 4800, the plaintiff must be able to prove all the following elements to establish the claim:
Here is the list of some actions which constitute a violation CFCA
For purposes of CFCA, a “claim” means a request for money, services, or property that will be provided directly or indirectly by the California state government or a local government.
With respect to information about the claim, “knowingly “means that:
To establish the claim the plaintiff doesn’t have to prove the specific intent to defraud.
“Material” means that the claim had a tendency to influence, or was capable of influencing, the payment or receipt of money, services, property on the claim.
The CFCA imposes an additional legal responsibility for reporting false claims if a person has inadvertently received a benefit from a false claim, such as an accidental overpayment that goes unreported.
The California False Claims Act provides lucrative monetary incentives. In case the government doesn’t intervene in the claim, the plaintiff is statutorily entitled to 25-50% of the total damages, including attorney’s fees. If the government does intervene, the plaintiff will be entitled to at least 15-33% of the recovery.
In case the defendant is found guilty in violation of the California False Claims Act he will be required to pay:
Under certain circumstances, such as self-reporting within 30 days or full cooperation, the penalties may be reduced.
In California an action under the CFCA must be brought before the later of the following dates:
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