The Civil False Claims Act: The Need for a Heightened Burden of Proof as a Prerequisite for Forfeiture

Since its inception, the False Claims Act of 1863 (FCA or the Act), also known as the "Abraham Lincoln Law," has been the federal government's chief weapon against fraud.' Enacted in response to rampant fraud committed by public contractors upon the Union government, its applicability has been extended to the areas of health care fraud, welfare fraud, and defense procurement fraud.' The False Claims Act is divided into separate civil and criminal provisions. For the most part, however, the civil portion of the Act is the primary means of Government action.