84 U. Cin. L. Rev. 943 (2016)
Jury Instructions for False Claims Act Cases

handle is hein.journals/ucinlr84 and id is 967 raw text is: 






       JURY   INSTRUCTIONS FOR FALSE CLAIMS ACT CASES


                   James   B. Helmer,  Jr. * and Erin M.  Campbell


                                    Abstract
           Just   like  jury trials themselves, the qui tam
           provisions of the federal False Claims Act, 31
           U.S.C.    3729,  et seq.,  have  deep  roots  in medieval
           English tradition. In modern times, the False
           Claims   Act   has  become the federal Government's
           primary   fraud  fighting   tool, due  in large  part  to its
           qui   tam  provisions, which allow any person to
           bring   a   suit  alleging   false   claims against the
           United States. Given the many procedural and
           legal  hurdles   to bringing   a False   Claims   Act  case,
           it is no  surprise   that comprehensive and accurate
           model   False Claims Act jury instructions do not
           exist.  This  article  sets  out  a  brief  history  of  the
           False Claims Act and provides model jury
           instructions   for  each of the False Claims Act's
           liability provisions, provides a model instruction
           for the False   Claims   Act's  whistleblower   protection




         * B.A. with Honors, Denison University, Order of the Coif, J.D. College of Law, University
of Cincinnati. Mr. Helmer is Senior Partner and President of Helmer, Martins, Rice & Popham Co.,
L.P.A. in Cincinnati, Ohio. He has prosecuted qui tam cases for more years than any attorney in
America and has obtained several record recoveries. His testimony before Congress helped shape the
1986, 2009, and 2010 amendments to the False Claims Act. He argued Allison Engine Co. v. United
States ex rel. Sanders, 553 U.S. 662 (2008), before the Supreme Court of the United States. Qui tam
cases in which he was trial counsel, including three tried to juries, have returned in excess of $1 billion
to the taxpayers. He has also recovered nearly another billion dollars for injured citizens and another
billion dollars representing corporations, franchises, and law firms. He has been trial counsel in over 300
published legal decisions, including over 100 dealing with the False Claims Act. His trial work has been
recognized in several fashions, including a lifetime achievement award in 2008 from the national
education fund of Taxpayers Against Fraud and in 2015, the University of Cincinnati's Distinguished
Alumni  Award and the 2017  University of Cincinnati College of Law Alumni Association
Distinguished Alumni Award, as well as awards selected by the student body of the College of Law of
the University of Cincinnati: The Nicholas Longworth Distinguished Alumni Award in 2001, a
dedication of an issue of the Cincinnati Law Review, 68 U. Cin. L. Rev. 611 (2000), and the Cincinnati
Law   Review's First Distinguished Alumnus Award  in 2012.  He  can  be reached  at
www.fcalawfirm.com.
         ** B.S., magna cum laude, Saint Mary's College, Notre Dame, Indiana, J.D., College of
Law, University of Cincinnati. Erin M. Campbell is a shareholder with the firm Helmer, Martins, Rice
& Popham Co., L.P.A. in Cincinnati, Ohio, where she has represented qui tam whistleblower plaintiffs
in False Claims Act cases and other aggrieved parties for over twelve years. She dedicates her work on
this article to her clients, who are modem day patriots in the service of the United States.


943

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?