| Description |
This Article analyzes recent judicial interpretations of the FCA. Part I of the Article reviews the legislative history of the FCA and the broad remedial amendments to the Act enacted in 1986. Part II details the restrictive interpretation the courts are placing on several important provisions of the Act since enactment of the 1986 amendments. A survey of the case law suggests that the broad remedial nature of the Act is being re-written under the guise of statutory interpretation and that the plain language of the statute is being disregarded or ignored. The Article concludes that if the judicial trend continues, Congressmay once again be forced to enact clarifying amendments to the Actin order to assure that the statute is an effective tool against fraud in government. (Description from Source) |