Vermont Agency of Natural Resources v. United States, ex rel., Jonathan Stevens (529 U.S. 765)
U.S. Supreme Court · decided May 22, 2000 · Supreme Court Database (Spaeth)
- Citation
- 529 U.S. 765 · 120 S. Ct. 1858
- Decided
- May 22, 2000
- Term
- October Term 1999
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Scalia delivered the opinion of the Court. This case presents the question whether a private individual may bring suit in federal court on behalf of the United States against a State (or state agency) under the False Claims Act, 31 U. S. C. §§3729-3733. I Originally enacted in 1863, the False Claims Act (FCA) is the most frequently used of a handful of extant laws creating a form of civil action known as qui tarn. As amended, the FCA imposes civil liability upon “[a]ny person” who, inter alia, “knowingly presents, or causes to be presented, to an officer or employee of the United States Government... a false or fraudulent claim for payment or approval.” 81 U. S. C. § 3729(a). The defendant is liable for up to treble damages and a civil penalty of up to $10,000 per claim. Ibid. An FCA action may be commenced in one of two ways. First, the Government itself may bring a civil action against the alleged false claimant. § 3730(a). Second, as is relevant here, a private person (the relator) may bring a qui tarn civil action “for the person and for the United States Government” against the alleged false claimant, “in the name of the Government.” § 3730(b)(1). If a relator initiates the FCA action, he must deliver a copy of the complaint, and any supporting evidence, to the Government, § 3730(b)(2), which then has 60 days to intervene in the action, §§ 3730(b)(2), (4). If it…
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