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qui tamdouble jeopardyfraud
Marcus v. Hess
United States ex rel. Marcus v. Hess, 317 U.S. 537 (1943)
Key Principle
The False Claims Act's qui tam provisions authorize 'any person' to sue for fraud that causes the Government to pay false claims, even where the relator relied on a prior public criminal proceeding, and a civil FCA recovery following a criminal conviction for the same conduct does not violate the Double Jeopardy Clause because the civil sanction is remedial rather than punitive.
Area of Law
General
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