False Claims Amendments Act of 1980

Summary

Amends the False Claims Act to redefine the fraudulent claims against the United States Government which give rise to liability and forfeiture. Includes within the scope of such claims the falsification of computer-readable media. Defines "knowing" (the mental state required to establish liability) to include actual or constructive knowledge. Stipulates that in any suit under this Act no proof of intent to defraud at common law is required. Increases the forfeiture level for such fraudulent claims from $2,000 to $5,000, and makes recoverable those damages sustained by the Government's having entered into or made any contract or grant as a result of any false statement. Makes venue of actions under this Act proper in any district in which a defendant can be found, resides, transacts business, or in which any act proscribed is alleged by the United States to have occurred (current law limits jurisdiction to where a defendant "shall be found"). Gives the Court of Claims jurisdiction of any action asserted by way of counterclaim. Sets forth new procedural provisions governing actions under such Act. States that the burden of proof for the United States is by a preponderance of the evidence. Provides that a final judgment in favor of the Government in any criminal proceeding charging fraud or false statements (including a plea of Nolo contendere) shall estop the defendant from denying the essential elements of the offense in any action under the False Claims Act. Makes any person who gives anything of value to an officer or employee of the U.S. to influence such person in the performance of an official duty liable for the amount given. Makes any contract made with such person within one year of such payment void, and allows the United States to retain benefits or sue to recover benefits paid under any such contract. Authorizes a court to enjoin a defendant from taking an action which is found reasonably likely to hinder the collection of any judgment by the United States. Requires suits under such Act to be commenced within the later of: (1) six years from the commission of the Act (the current requirement); or (2) three years from the time material facts reasonably should have been known by the appropriate Department of Justice official. Authorizes the Attorney General to issue a civil investigative demand prior to a civil proceeding which requires a person to produce documentary material, answer written interrogatories, or give oral testimony concerning material or information which is relevant to a false claims investigation. Applies to such demands the standards applicable to subpoenas issued by a Federal court in aid of a grand jury investigation or discovery requests under the Federal Rules of Civil Procedure. Specifies rules regarding the service of, and compliance with, such demands. Requires that a False Claims Act investigator be designated to serve as custodian of material, answers to interrogatories, and transcripts of oral testimony received. Allows such custodian to deliver such information to a Department of Justice attorney who appears in any judicial or administrative proceeding. Provides for the return of information which has not passed into the control of a court, grand jury, or agency to the person producing it. Sets forth enforcement procedures with respect to such civil investigative demands and the duties of designated custodians.

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Timeline

1. 6 November 1979

   Introduced

   Referred to Senate Committee on the Judiciary.

   Source: IntroReferral

2. 6 November 1979

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 4 March 1980

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-615.

   Source: Committee

4. 4 March 1980

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-615.

   Source: Committee

Votes

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Versions

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 4 March 1980

  Open at official source

• Introduced in Senate

  summary · EN · 6 November 1979

  Open at official source

Sponsors

• Sen. DeConcini, Dennis [D-AZ] · D · Sponsor
• Rep. Cochran, Thad [R-MS-4] · R · Cosponsor
• · ssju00 · Standing

Related records

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