104 Iowa L. Rev. 2093 (2019)

Download PDF

Abstract

The False Claims Act aids the government in combating fraud by imposing heavy penalties for parties attempting to defraud the government. The False Claims Act specifies that damages assessed for violating the Act are trebled but does not make it clear how a court should calculate damages. Under gross trebling, damages are tripled before subtracting any benefits a defrauding party may have conferred on the government. Under net trebling, benefits are subtracted prior to trebling. This Note discusses the differences in damage calculation and how it impacts parties under the False Claims Act. It concludes by arguing that gross trebling should be adopted either by legislation or by the Supreme Court in order to best protect the public interest and further the purpose of the False Claims Act.