Fraud Under The FCA

Accordingly, to the extent that the Government’s fraud and negligent misrepresentation claims arise out of factual allegations that predate February 1, 2004, they are time-barred. C. Relators’ and Government’s Failure to State a Claim It is axiomatic that a plaintiff bringing an action for fraud under the FCA must, first and foremost, allege that an actual false claim or statement was presented to the government. See Totten, 286 F.3d at 551; U.S. ex rel. Head v. Kane Co., 798 F. Supp. 2d 186, 195-96 (D.D.C. 2011). The FCA defines “claims” to include “any request or demand, whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient if the United States Government provides any portion of the money or property which is requested or demanded.” 31 U.S.C. § 3729(c). Congress has emphasized that the FCA should be broadly interpreted “to reach all types 34 of fraud . .

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