Substantial Penalties Under the FCA Without Real Damages Violates Eighth Amendment
Client Alert | less than 1 min read | 02.23.12
Using reasoning that could prove useful to other FCA defendants, the court in U.S. ex rel. Bunk v. Birkart Globistics GmbH & Co. (E.D. Va. Feb. 14, 2012), after the jury found over 9,000 false claims based on invoices submitted, refused to award statutory penalties of between $50.2 and $100.4 million. The court held that, when the qui tam relator failed to show that the government suffered any damage, imposing penalties of this magnitude would have violated the Eighth Amendment’s Excessive Fines Clause and, because it lacked discretion under the FCA to fashion a civil penalty that would be within Constitutional limits, no penalties could be imposed.
Insights
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Private Investigations Act Series: Temporal, material and territorial scope
The Private Investigations Act (PIA), which entered into force on December 16, 2024, fundamentally modernized the framework for private investigation activities in Belgium. Its implications for businesses conducting internal investigations are far-reaching.
Client Alert | 7 min read | 10.21.26
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California Follows New York’s Lead in Requiring AI “Synthetic Performer” Disclosures in Advertising
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