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U.S. Code as of:
01/19/04
Section 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.
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