Qui Tam Section: [VIRTUAL] FCA Liability for Non-Monetary Harms

**Program hosted in (ET) Time Zone**

In numerous circumstances, the Government pays out money not so it can receive a tangible benefit for itself but rather to promote a policy objective designed to benefit third-parties, or society as a whole. Thus, in exchange for receiving Government money, program participants do not promise to provide the Government with a specific product or service, but rather promise to conduct themselves in a particular fashion, or to spend the money in a particular way. Examples abound: Government loans or grants with policy strings attached, such as minority and veteran set-aside funding; HUD loans and grants conditioned on using funds to promote low-income housing and requiring that such properties be maintained in habitable conditions; Government regulations prohibiting kickbacks or labor trafficking; Government subsidies conditioned on compliance with environmental or regulations; Pandemic funding designed to mitigate hardships experienced by employees affected by lockdowns; and many others.

When recipients of Government funds fail to comply with the strings attached to the funding, qualitatively impacting the very purpose of the government program or policy, do they violate the FCA? If so, how is the violation proved, and what is the Government’s measure of damages, especially where there does not appear to be any tangible fiscal impact on the Government? Is the Government entitled to recover the full amount it paid out, based on the notion that the payment is tainted by the policy violation, or are damages calculations meant to assess the benefit of the Government’s bargain? If a conditional loan is disbursed, and then paid back, can the Government or a relator still assert an FCA claim based on the borrower’s failure to comply with the regulatory conditions for the loan? This Roundtable webinar will explore these and similar questions relating to FCA liability and damages where the violation harms the public policy, not the public fisc.

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Presented by the FBA Qui Tam Section

Moderator

Franklin Amanat, Motley Rice

Speakers

Denise M. Barnes, Bass, Berry & Sims

Ari Yampolsky, Whistleblower Partners

Registration

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• FBA Members: $0
• Non-Members: $0

CLE

Please note that CLE credit is not offered for this webinar.

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