Hughes Aircraft Co. v. United States Ex Rel. Schumer

The qui tarn provision of the False Claims Act (FCA or Act), 31 U. S. C. § 3730(b), permits, in certain circumstances, suits by private parties on behalf of the United States against anyone submitting a false claim to the Government. Prior to 1986, such suits were barred if the information on which they were based was already in the Government’s possession. At issue in this case is whether a 1986 amendment to the FCA partially removing that bar applies retroactively to qui tarn suits regarding allegedly false claims submitted prior to its enactment and, if so, whether this particular action…