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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

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