Congress Declares Checkmate: How the Fraud Enforcement and Recovery Act of 2009 Strengthens the Civil False Claims Act and Counters the Courts

Congress Declares Checkmate: How the Fraud Enforcement and Recovery Act of 2009 Strengthens the Civil False Claims Act and Counters the Courts i. introductionThe civil false claims act (fca) 1 is one of the most effective tools in the federal government's arsenal to combat schemes that defraud, and attempt to defraud, the United States treasury and, by extension, the country's taxpayers.In fiscal year 2009, the United States recovered $2.4 billion in settlements and judgments under the FCA, representing the second largest annual recovery in the Act's history. 2 Since 1986, when the FCA was last strengthened legislatively, total recoveries have exceeded $24 billion.3 The 1986 amendments enhanced the FCA primarily by revising its qui tam provisions to encourage whistleblowers to come forward with allegations of fraud.4 