Article by James F. Barger, Jr, Pamela H. Bucy, Melinda M. Eubanks, and Marc S. Raspanti
Since Congress revitalized the federal False Claims Act (FCA) in 1986, the qui tam action—which allows recovery by a private party who alleges and proves fraud against the government—has become an increasingly important and successful regulatory tool. Not surprisingly, the success of the federal FCA has motivated a growing minority of state legislators to pass similar statutes. Academic study of these provisions, however, has been limited.
This Article presents the first comprehensive survey of the structure and implications of state FCAs and qui tam provisions. The results are based on interviews with state officials charged with their enforcement. Interviewees were questioned regarding investigative resources allocated to false claims cases, the practical application of each individual state qui tam provision, the effectiveness of each provision, the impact of federal cases upon state cases, and coordination efforts between federal and state offices.
About the Author
James F. Barger, Jr. Associate, Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C., Birmingham, Alabama. J.D. 2005, University of Alabama School of Law.
Pamela H. Bucy. Bainbridge Professor of Law, University of Alabama School of Law. J.D. 1978, Washington University School of Law.
Melinda M. Eubanks. Partner, Burr & Forman, L.L.P., Birmingham, Alabama. J.D. 2005, University of Alabama School of Law.
Marc S. Raspanti. Founding Shareholder, Miller, Alfano & Raspanti, Philadelphia, Pennsylvania. Mr. Raspanti represents whistleblowers nationwide under the federal and state qui tam statutes. He is also an active white collar defense attorney who represents healthcare providers in myriad investigations.
Citation
80 Tul. L. Rev. 465 (2005)