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FCA Allows Treble Damages - 'But Treble What?'


Andrew W. Schilling

The False Claims Act authorizes the United States — and whistleblowers suing on its behalf — to seek civil penalties plus “treble damages” for a violation of the FCA. The ability to seek treble damages is a key feature of the law, and one that makes the statute particularly attractive to the Justice Department and to whistleblowers, who stand to gain up to 30 percent of the government’s recovery.

And yet few courts have asked the simple question that one court posed recently: “But treble what?”

Originally published by Law360, reprinted with permission.

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