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The False Claims Act (, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government’s primary litigation tool in combating fraud against the Government.〔United States ex rel. Steury v. Cardinal Health, Inc., 625 F.3d 262, 267 (5th Cir.2010); (“The FCA is the Government's primary litigation tool for recovering losses resulting from fraud.”)〕 The law includes a ''qui tam'' provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government (informally called "whistleblowing" especially when the relator is employed by the organization accused in the suit). Persons filing under the Act stand to receive a portion (usually about 15–25 percent) of any recovered damages. As of 2012, over 70 percent of all federal Government FCA actions were initiated by whistleblowers. Claims under the law have typically involved health care, military, or other government spending programs, and dominate the list of largest pharmaceutical settlements. The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from qui tam cases brought by relators. ==History== ''Qui tam'' laws have history dating back to the Middle Ages in England. In 1318, King Edward II offered one third of the penalty to the relator when the relator successfully sued government officials who moonlighted as wine merchants.〔(C. Doyle, writing for the Congressional Research Service (2009): "Qui Tam: The False Claims Act and Related Federal Statutes" )〕 The Maintenance and Embracery Act 1540 of Henry VIII provided that common informers could sue for certain forms of interference with the course of justice in legal proceedings that were concerned with the title to land.〔The Law Commission. Proposals to Abolish Certain Ancient Criminal Offences. HMSO. 1966. Paragraph 6(a) at page 4.〕 This act is still in force today in the Republic of Ireland, although in 1967 it was extinguished in England. The idea of a common informer bringing suit for damages to the Commonwealth was later brought to Massachusetts, where "penalties for fraud in the sale of bread () to be distributed one third to inspector who discovered the fraud and the remainder for the benefit of the town where the offense occurred."〔 Other statutes can be found on the colonial law books of Connecticut, New York, Virginia and South Carolina.〔 The American Civil War (1861–1865) was marked by fraud on all levels, both in the Union north and the Confederate south. During the war, unscrupulous contractors sold the Union Army decrepit horses and mules in ill health, faulty rifles and ammunition, and rancid rations and provisions, among other unscrupulous actions. In response, Congress passed the False Claims Act on March 2, 1863, .〔''Hubbard v. United States'', , at 704〕 Because it was passed under the administration of President Abraham Lincoln, the False Claims Act is often referred to as the "Lincoln Law".〔(【引用サイトリンク】 title=Qui Tam A History )〕 Importantly, a reward was offered in what is called the ''qui tam'' provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. ''Qui tam'' is an abbreviated form of the Latin legal phrase ''qui tam pro domino rege quam pro se ipso in hac parte sequitur'' ("he who brings a case on behalf of our lord the King, as well as for himself")〔(Vt. Agency of Natural Res. v. United States ex rel. Stevens ), 529 U.S. 765, 769 n.1 (2000).〕 In a ''qui tam'' action, the citizen filing suit is called a "relator".〔(“A ‘relator’ is ‘() party in interest who is permitted to institute a proceeding in the name of the People or the Attorney General when the right to sue resides solely in that official.’ Black’s Law Dictionary 1289 (6th ed. 1990).”)〕〔A relator is one who relates the fraud action on behalf of the Government. See (United States ex rel. Karvelas v. Melrose-Wakefield Hosp. ), 360 F.3d 220, 226 n.7 (1st Cir. 2004).〕 As an exception to the general legal rule of standing, courts have held that ''qui tam'' relators are "partially assigned" a portion of the government's legal injury, thereby allowing relators to proceed with their suits.〔(See Nathan D. Sturycz, ''The King and I?: An Examination of the Interest Qui Tam Relators Represent and the Implications for Future False Claims Act Litigation'', 28 St. Louis Pub. L. Rev. 459 (2009) )〕 U.S. Senator Jacob M. Howard, who sponsored the legislation, justified giving rewards to whistle blowers, many of whom had engaged in unethical activities themselves. He said, “I have based the (tam'' provision ) upon the old-fashioned idea of holding out a temptation, and ‘setting a rogue to catch a rogue,’ which is the safest and most expeditious way I have ever discovered of bringing rogues to justice.”〔Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 769 n.1 (2000); see also (【引用サイトリンク】url=http://www.psmag.com/politics/when-bad-things-happen-to-good-rogues-11512/ )〕 In the massive military spending leading up to and during World War II, the US Attorney General relied on criminal provisions of the law to deal with fraud, rather than using the FCA. As a result, attorneys would wait for the Department of Justice to file criminal cases and then immediately file civil suits under the FCA, a practice decried as "parasitic" at the time. Congress moved to abolish the FCA but at the last minute decided instead to reduce the relator's share of the recovered proceeds.〔〔Charles Doyle, Senior Specialist in American Public Law, for the Congressional Research Service. August 6, 2009 (Qui Tam: The False Claims Act and Related Federal Statutes )〕 The law was again amended in 1986, again due to issues with military spending. Under President Ronald Reagan's military buildup, reports of massive fraud among military contractors had become major news, and Congress acted to strengthen the FCA.〔James B. Helmer Jr., (False Claims Act: Incentivizing Integrity for 150 Years for Rogues, Privateers, Parasites and Patriots ) 81 U. Cin. L. Rev.(2013)〕 The law has always primarily been used against defense contractors but by the late 1990s, health care fraud began to receive more focus, accounting for approximately 40% of recoveries by 2008〔 ''Franklin v. Parke-Davis'', filed in 1996, was the first case to apply the FCA to fraud committed against the government, due to bills submitted for payment by Medicaid/Medicare for treatments that those programs do not pay for as they are not FDA-approved or otherwise listed on a government formulary. FCA cases in the field of health care are often related to off-label marketing of drugs by drug companies, which is illegal under a different law, the Federal Food, Drug, and Cosmetic Act; the intersection occurs when off-label marketing leads to prescriptions being filled and bills for those prescriptions being submitted to Medicare/Medicaid.〔Joseph JN, et al. ( Enforcement Related to Off-Label Marketing and Use of Drugs and Devices: Where Have We Been and Where Are We Going? ) Journal of Health & Life Sciences Law 2(2):73-108. January 2009〕 As of 2012, over 70 percent of all federal FCA actions were initiated by whistleblowers.〔Joel D Hesch. (Breaking the Siege: Restoring Equity and Statutory Intent to the Process of Determining Qui Tam Relator Awards Under the False Claims Act ), Thomas M. Cooley Law Review 29(2):217-283 (2012).〕 The government recovered $38.9 billion under the False Claims Act between 1987 and 2013 and of this amount, $27.2 billion or 70% was from ''qui tam'' cases brought by relators.〔US Department of Justice. (Fraud Statistics – Overview ), October 1, 1987 - September 30, 2013〕 In 2014, whistleblowers filed over 700 False Claims Act lawsuits. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「False Claims Act」の詳細全文を読む スポンサード リンク
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