False Claims (From White-Collar Crime: Fifth Survey of Law, P 815-827, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120567
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 815-827
• Author(s): C T Kamuchey
• Date Published: 1989
• Length: 13 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses Section 287 of Title 18 of the United States Code, a provision making it illegal to present a false, fictitious, or fraudulent claim to the Federal government.

Abstract

Using this provision, government prosecutors have brought suits against fraudulent tax refunds, Social Security, Medicare, and Medicaid fraud, and false claims for services not rendered under government programs. Amendments to the False Claims Act were enacted in 1986 and mandated both a fine and imprisonment for all false claim convictions in addition to linking fine amounts to the general penalty provisions of Title 18 and expanding prosecutorial discovery powers. The Major Fraud Act of 1988 created increased penalties for false claims on procurement contracts. Elements of Section 287 violations are discussed in detail, along with relevant case law. 108 footnotes.