California False Claims Act Information
A person may bring a civil action for a violation of the California False Claims Act on behalf of the state. In the event of a successful action, the whistleblower is entitled to 15% – 50% of the proceeds of the action or settlement of the claim, in addition to an amount for reasonable expenses, attorney fees, and costs of the case. The California FCA also protects whistleblowers against retaliation for engaging in protected activity.
Under the California False Claims Act—Gov. Code § 12650-56—any person who:
(1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval
(2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim
(3) Conspires to commit a violation of this subdivision
(4) Has possession, custody, or control of public property or money used or to be used by the state or by any political subdivision and knowingly delivers or causes to be delivered less than all of that property
(5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state or by any political subdivision and knowingly makes or delivers a receipt that falsely represents the property used or to be used
(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property
(7) 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 state or to any political subdivision, or knowingly conceals or knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or to any political subdivision
(8) Is a beneficiary of an inadvertent submission of a false claim, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the state or the political subdivision within a reasonable time after discovery of the false claim
is liable to the state for a civil penalty of not less than $5,500 and not more than $11,000 and for treble the amount of damages the state sustains because of the act of that person.
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