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31 U.S.C. § 3731 — False claims procedure
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A subpena requiring the attendance of a witness at a trial or hearing conducted under [section 3730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3730&num=0&edition=prelim) may be served at any place in the United States.
**(b)** A civil action under section 3730 may not be brought—
(1) more than 6 years after the date on which the violation of section 3729 is committed, or
(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
**(c)** If the Government elects to intervene and proceed with an action brought under 3730(b),11 So in original. Probably should be preceded by “section”. the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
**(d)** In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
**(e)** Notwithstand
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Source location: Title 31, Chapter 37, § 3731; chapter-037-claims.md
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**(a)** A subpena requiring the attendance of a witness at a trial or hearing conducted under [section 3730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3730&num=0&edition=prelim) may be served at any place in the United States.
**(b)** A civil action under section 3730 may not be brought—
(1) more than 6 years after the date on which the violation of section 3729 is committed, or
(2) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed,
whichever occurs last.
**(c)** If the Government elects to intervene and proceed with an action brought under 3730(b),11 So in original. Probably should be preceded by “section”. the Government may file its own complaint or amend the complaint of a person who has brought an action under section 3730(b) to clarify or add detail to the claims in which the Government is intervening and to add any additional claims with respect to which the Government contends it is entitled to relief. For statute of limitations purposes, any such Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
**(d)** In any action brought under section 3730, the United States shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
**(e)** Notwithstanding any other provision of law, the Federal Rules of Criminal Procedure, or the Federal Rules of Evidence, a final judgment rendered in favor of the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of section 3730.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability for Certain Acts.—**
(1) **In general.—** — Subject to paragraph (2), any person who—
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,
is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 ([28 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2461&num=0&edition=prelim) note; Public Law 104–410 11 So in original. Probably should be “101–410”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities of the Attorney General.—** The Attorney General diligently shall investigate a violation under section 3729. If the Attorney General finds that a person has violated or is violating section 3729, the Attorney General may bring a civil action under this section against the person.
**(b) Actions by Private Persons.—**
(1) A person may bring a civil action for a violation of section 3729 for the person and for the United States Government. The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) 11 So in original. Probably should be a reference to Rule 4(i). of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.
(3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure.
(4) Before the expiration of the 60-day period or any extensio
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3730
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Federal law — U.S. Code and appendices · legal_authorities
Page 341
TITLE 31—MONEY AND FINANCE
§ 3732
1 So in original. Probably should be preceded by ‘‘section’’.
1986—Pub. L. 99–562, § 3, amended section generally,
revising and expanding provisions of subsecs. (a) to (c),
adding subsecs. (d) and (e), redesignating former sub-
sec. (d) as (f), and adding subsec. (g).
Subsec. (h). Pub. L. 99–562, § 4, added subsec. (h).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–203 effective 1 day after
July 21, 2010, except as otherwise provided, see section
4 of Pub. L. 111–203, set out as an Effective Date note
under section 5301 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–21 effective May 20, 2009,
and applicable to conduct on or after May 20, 2009, see
section 4(f) of Pub. L. 111–21, set out as a note under
section 3729 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–280, § 10(c), May 4, 1990, 104 Stat. 162, pro-
vided that: ‘‘The amendments made by subsections (a)
and (b) [amending this section and section 2397a of
Title 10, Armed Forces] shall take effect on January 1,
1991.’’
§ 3731. False claims procedure
(a) A subpena requiring the attendance of a
witness at a trial or hearing conducted under
section 3730 of this title may be served at any
place in the United States.
(b) A civil action under section 3730 may not
be brought—
(1) more than 6 years after the date on which
the violation of section 3729 is committed, or
(2) more than 3 years after the date when
facts material to the right of action are
known or reasonably should have been known
by the official of the United States charged
with
responsibility
to
act
in
the
cir-
cumstances, but in no event more than 10
years after the date o
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3731
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