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NCJ Number: 66494 Find in a Library
Title: FALSE CLAIMS AGAINST THE GOVERNMENT - TACTICS IN A FALSE CLAIMS PROSECUTION
Journal: AMERICAN CRIMINAL LAW REVIEW  Volume:17  Issue:3  Dated:(WINTER 1980)  Pages:399-408
Author(s): L GONDELMAN
Corporate Author: American Bar Assoc
Criminal Justice Section
United States of America
Date Published: 1980
Page Count: 10
Sponsoring Agency: American Bar Assoc
Washington, DC 20005-1009
Format: Article
Language: English
Country: United States of America
Annotation: THE ARTICLE RECOMMENDS THE USE OF THE CRIMINAL FALSE CLAIMS STATUTE AS A STATUTORY TOOL IN DEFENDING THE FEDERAL GOVERNMENT AGAINST FALSE CLAIMS PROSECUTION.
Abstract: IT OUTLINES THE ELEMENTS THAT MUST BE CONSIDERED IN THE DEFENSE OF A CRIMINAL FALSE CLAIMS PROSECUTION AND ANALYZES THE NECESSARY CONTENTS OF A CLAIM, THE INTENT REQUIRED FOR CONVICTION, AND THE PROPER VENUE. THE ARTICLE CHARGES THAT ALTHOUGH AN ANALOGY BETWEEN THE CRIMINAL FALSE CLAIMS STATUTE AND THE CIVIL FALSE CLAIMS STATUTE IS APPROPRIATE, THE GOVERNMENT HAS USED THE ANALOGY INCONSISTENTLY TO ITS OWN ADVANTAGE. THE GOVERNMENT'S INTERPRETATION OF THE STATUTE IN UNITED STATES V. WINCHESTER IS A CASE IN POINT. GIVEN THE GOVERNMENT'S RELIANCE IN THE WINCHESTER CASE ON THE CIVIL FALSE CLAIMS STATUTE AS AN AID TO INTERPRETATION OF ITS CRIMINAL COUNTERPART, GOVERNMENT REJECTION OF CASES THAT ARE BASED ON THE CIVIL ACT BUT ADVERSE TO THE GOVERNMENT IS MANIFESTLY UNFAIR, AS WELL AS INTELLECTUALLY DISHONEST INSTEAD, CIVIL CASES SHOULD BE USED AS AN AID IN INTERPRETING THE CRIMINAL STATUTE. THE GOVERNMENT HAS BEEN ALLOWED TO USE THE CRIMINAL FALSE CLAIMS STATUTE IN TWO WAYS. FOR ONE, IT HAS USED THE CIVIL STATUTE AS AN AID TO EXPANDING THE INTERPRETATION OF THE CRIMINAL STATUTE. SECONDLY, WHEN ASKED TO LOOK TO THE CIVIL STATUTE, THE GOVERNMENT HAS REJECTED THE ANALOGY. THE UNITED STATES V. MAHER CASE IS CITIED AS AN INSTANCE IN WHICH THE ANALOGY TO THE CIVIL CASES WAS REJECTED. NUMEROUS OTHER CASES ARE CITED ALSO. AMONG THEM ARE UNITED STATES V. MILTON, UNITED STATES V. SCHMIDT; UNITED STATES V. ANDERSON, AND UNITED STATES V. MEAD. REFERENCES ARE PROVIDED. (MFE)
Index Term(s): False Claims Act; Judicial decisions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66494

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