Journal article
The U.S. False Claims Act, Qui Tam & National Security in Higher Education
Journal of National Security Law & Policy, Vol.17, pp.1-10
27/10/2026
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Abstract
At the height of the U.S. Civil War in 1863, defrauding the U.S. military was rife. Rotting ship hulls were repainted and sold to the Navy, the Army received boots made of cardboard, and crates of muskets or barrels of gunpowder were opened to discover they had been filled with
sawdust.1 On March 2, 1863, President Abraham Lincoln signed into law the False Claims Act (FCA),2 with Congress making clear that the mandate of the law was to “prevent and punish frauds upon the Government of the United States” by ferreting out and punishing these enormous frauds upon our Government.”3 Under the original FCA’s terms, both civil and criminal penalties could be sought against parties who submitted fraudulent claims for payment by the United States government. 4 Liability could also arise for making or using a record to obtain payment of a false claim, or conspiring to
defraud the government.5 Uniquely, the FCA permitted any private citizen to file a suit on behalf of the government (known as qui tam actions),6 with successful private plaintiffs awarded up to 50% of the penalty imposed (which itself was set at three times the damages established to have been
incurred by the Government in honoring the fraudulent claim).7 The FCA thus effectively turned ordinary citizens into “a bounty hunter or private attorney general” known as a “relator.”8
Details
- Title
- The U.S. False Claims Act, Qui Tam & National Security in Higher Education
- Creators
- Brendan Walker-Munro - Southern Cross University
- Publication Details
- Journal of National Security Law & Policy, Vol.17, pp.1-10
- Publisher
- Center on National Security | Georgetown Law
- Identifiers
- 991013410963402368
- Copyright
- © 2026 Center on National Security | Georgetown Law
- Academic Unit
- Faculty of Business, Law and Arts; Law
- Language
- English
- Resource Type
- Journal article