Day

July 21, 2016

21 July 2016

Relator Not Entitled to a Portion of Funds Voluntarily Repaid by FCA Defendant

The False Claims Act allows relators to share in a recovery even where the United States pursues an “alternative remedy” rather than direct FCA litigation.  In a recent decision, the District of Massachusetts determined that where an entity voluntarily repays stolen funds and takes action to do so as soon as the theft was discovered, that repayment does not constitute an “alternative remedy” requiring a relator’s share.

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