D.C. False Claims Act

For the purposes of this subchapter, and unless otherwise defined, the term:
(1) “Claim” means:
(A) Any request or demand, whether under a contract or otherwise, for money or property,
and whether or not the District has title to the money or property, that:
(i) Is presented to an officer, employee, or agent of the District; or
(ii) Is made to a contractor, grantee, or other recipient, if the money or property is to be
spent or used on the District’s behalf or to advance a District program or interest, and if the
District:
(I) Provides or has provided any portion of the money or property requested or
demanded; or
(II) Will reimburse the contractor, grantee, or other recipient for any portion of the
money or property which is requested or demanded.
(B) The term “claim” does not include requests or demands for money or property that the
District has paid to an individual as compensation for District employment or as an income
subsidy with no restrictions on that individual’s use of the money or property.
(2) “Custodian” means the custodian, or any deputy custodian, designated by the Attorney
General for the District of Columbia pursuant to § 2-381.07(j)(1).
(3) “Documentary material” includes the original or any copy of any book, record, report,
memorandum, paper, communication, tabulation, chart, or other document, or data compilations
stored in or accessible through computer or other information retrieval systems, together with
instructions and all other materials necessary to use or interpret such data compilations, and any
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product of discovery.
(4) “False claims law” means this subchapter.
(5) “False claims law investigation” means any inquiry conducted by any false claims law
investigator for the purpose of ascertaining whether any person is or has been engaged in any
violation of a false claims law.
(6) “False claims law investigator” means any attorney or investigator employed by the
Office of the Attorney General for the District of Columbia who is charged with the duty of
enforcing or carrying into effect any false claims law, or any officer or employee of the District
government acting under the direction and supervision of such attorney or investigator in
connection with a false claims law investigation.
(7) “Knowing” or “knowingly” means:
(A) That a person, with respect to information, does any of the following:
(i) Has actual knowledge of the information;
(ii) Acts in deliberate ignorance of the truth or falsity of the information; or
(iii) Acts in reckless disregard of the truth or falsity of the information.
(B) The terms “knowing” and “knowingly” do not require proof of specific intent to
defraud.
(8) “Material” means having a natural tendency to influence, or be capable of influencing, the
payment or receipt of money or property.
(9) “Obligation” means an established duty, whether or not fixed, arising from an express or
implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee- based or
similar relationship, from statute or regulation, or from the retention of any overpayment.
(10) “Original source” means an individual who:
(A) Has voluntarily disclosed to the District, before a public disclosure under § 2-381.03(c1)(1), the information on which allegations or transactions in a claim are based; or
(B) Has knowledge that is independent of and materially adds to the publicly disclosed
allegations or transactions, and who has voluntarily provided the information to the District
before filing an action under this section.
(11) “Person” includes any natural person, corporation, firm, association, organization,
partnership, business, or trust.
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(12) “Proceeds” means civil penalties as well as double or treble damages as provided in § 2-
381.02, and criminal fines as provided in § 2-381.09.

(a) Any person who commits any of the following acts shall be liable to the District for 3 times
the amount of damages which the District sustains because of the act of that person. A person
who commits any of the following acts shall also be liable to the District for the costs of a civil
action brought to recover penalties or damages, and shall be liable to the District for a civil
penalty of not less than $ 5,500, and not more than $ 11,000, for each false or fraudulent claim
for which the person:
(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) Has possession, custody, or control of property or money used, or to be used, by the
District and knowingly delivers, or causes to be delivered, less than all of that money or
property;
(4) Is authorized to make or deliver a document certifying receipt of property used, or to be
used, by the District and, intending to defraud the District, makes or delivers the receipt without
completely knowing that the information on the receipt is true;
(5) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an
officer or employee of the District who lawfully may not sell or pledge property;
(6) 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 District, or knowingly
conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit
money or property to the District;
(7) Conspires to commit a violation of paragraph (1), (2), (3), (4), (5), or (6) of this
subsection;
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(8) Is a beneficiary of an inadvertent submission of a false or fraudulent claim to the District,
subsequently discovers the falsity of the claim, and fails to disclose the false or fraudulent claim
to the District; or
(9) Is the beneficiary of an inadvertent payment or overpayment by the District of monies not
due and knowingly fails to repay the inadvertent payment or overpayment to the District.
(b) Notwithstanding subsection (a) of this section, the court may assess not more than two
times the amount of damages which the District sustains because of the act of the person, and
there shall be no civil penalty, if the court finds all of the following:
(1) The person committing the violation furnished officials of the District responsible for
investigating false claims violations with all information known to that person about the
violation within 30 days after the date on which the person first obtained the information;
(2) The person fully cooperated with any investigation by the District; and
(3) At the time the person furnished the District with information about the violation, no
criminal prosecution, civil action, or administrative action had commenced with respect to the
violation, and the person did not have actual knowledge of the existence of an investigation into
the violation.
(c) Liability pursuant to this section shall be joint and several for any act committed by 2 or
more persons.
(d) This section shall not apply to claims, records, or statements made pursuant to those
portions of Title 47 of the District of Columbia Official Code that refer or relate to taxation.

(a) The Attorney General for the District of Columbia shall investigate, with such assistance
from other District agencies as may be required, violations pursuant to § 2-381.02 involving
District funds. If the Attorney General for the District of Columbia finds that a person has
violated or is violating the provisions of § 2-381.02, the Attorney General for the District of
Columbia may bring a civil action against that person in the Superior Court of the District of
Columbia.
(b) (1) A person may bring a civil action for a violation of § 2-381.02 for the person and for the
District. The action shall be brought in the name of the District. The person bringing the action
shall be referred to as the qui tam plaintiff. The action may be dismissed only if the court and the
Attorney General for the District of Columbia give written consent to the dismissal and their
reasons for consenting.
(2) A complaint filed by a qui tam plaintiff pursuant to this subsection shall be filed in the
Superior Court in camera and may remain under seal for up to 180 days, unless the seal is
extended by the court. No service shall be made on the defendant until after the complaint is
unsealed.
(3) On the same day as the complaint is filed pursuant to paragraph (2) of this subsection, the
qui tam plaintiff shall serve the Attorney General for the District of Columbia by mail, return
receipt requested, with a copy of the complaint and a written disclosure of substantially all
material evidence and information the person possesses.
(4) Within 180 days after receiving a complaint alleging violations involving District funds,
the Attorney General for the District of Columbia shall do either of the following:
(A) Notify the court that he or she intends to proceed with the action, in which case the seal
may be lifted unless, for good cause shown, the court continues the seal; or
(B) Notify the court that he or she declines to take over the action, in which case the seal
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shall be lifted and the qui tam plaintiff shall have the right to conduct the action.
(5) Upon a showing of good cause, the Attorney General for the District of Columbia may
move the court for extensions of the time during which the complaint remains under seal.
(6) When a qui tam plaintiff brings an action pursuant to this subsection, no person other than
the District may intervene or bring a related action based on the facts underlying the pending
action.
(7) The District is not liable for expenses which a qui tam plaintiff incurs in bringing an
action under this section.
(c) (1) No person may bring an action pursuant to subsection (b) of this section against a
member of the Council of the District of Columbia, a member of the District judiciary, or an
elected official in the executive branch of the District, if the action is based on evidence or
information known to the District when the action was brought.
(2) No person may bring an action under subsection (b) of this section which is based upon
allegations or transactions which are the subject of a civil suit or an administrative civil money
penalty proceeding in which the District is already a party.
(c-1) (1) Except as provided in paragraph (2) of this subsection, a court shall dismiss an action
or claim under this section if substantially the same allegations or transactions as alleged in the
action or claim were publicly disclosed:
(A) In a criminal, civil, or administrative hearing in which the District or its agent is a
party;
(B) In a report, hearing, audit, or investigation by the Council of the District of Columbia,
the Auditor of the District of Columbia, the Inspector General of the District of Columbia, or
other District agency; or
(C) By the news media.
(2) A court shall not dismiss an action or claim as provided in paragraph (1) of this
subsection if:
(A) The action is brought by the Attorney General for the District of Columbia;
(B) The District is opposed to the dismissal; or
(C) The action is brought by a qui tam plaintiff and the qui tam plaintiff is an original
source of the information.
(d) (1) If the District proceeds with the action, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an act of the qui tam plaintiff. The qui tam
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plaintiff shall have the right to continue as a party to the action, subject to the limitations set
forth in paragraph (2) of this subsection.
(2) (A) The District may dismiss the action notwithstanding the objections of the qui tam
plaintiff if the qui tam plaintiff has been notified by the District of the filing of the motion to
dismiss and the court has provided the qui tam plaintiff with an opportunity for a hearing on the
motion.
(B) The District may settle the action with the defendant, notwithstanding the objections of
the qui tam plaintiff, if the court determines, after a hearing providing the qui tam plaintiff an
opportunity to be heard, that the proposed settlement is fair, adequate, and reasonable under all
the circumstances. Upon a showing of good cause, the hearing may be held in camera.
(C) Upon a showing by the District that unrestricted participation during the course of the
litigation by the qui tam plaintiff would interfere with or unduly delay the District’s prosecution
of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in
its discretion, impose limitations on the qui tam plaintiff’s participation, such as:
(i) Limiting the number of witnesses the qui tam plaintiff may call;
(ii) Limiting the length of the testimony of such witnesses;
(iii) Limiting the qui tam plaintiff ‘s cross-examination of witnesses; or
(iv) Otherwise limiting the participation by the qui tam plaintiff in the litigation.
(D) Upon a showing by the defendant that unrestricted participation during the course of
the litigation by the qui tam plaintiff would be for purposes of harassment or would cause the
defendant undue burden or unnecessary expense, the court may, in its discretion, limit the
participation by the qui tam plaintiff.
(e) (1) If the District elects not to proceed and the qui tam action was proper pursuant to
subsection (c) of this section, the qui tam plaintiff shall have the same right to conduct the action
as the Attorney General for the District of Columbia would have had if he or she had chosen to
proceed pursuant to subsection (b) of this section. If the District so requests, the District shall be
served with copies of all pleadings filed in the action.
(2) When the qui tam plaintiff proceeds with the action, the court, without limiting the status
and rights of the qui tam plaintiff, may nevertheless permit the District to intervene at a later date
upon a showing of good cause.
(f) (1) (A) If the District proceeds with an action brought by a qui tam plaintiff pursuant to
subsection (b) of this section, the qui tam plaintiff, subject to subparagraph (B) of this paragraph,
shall receive at least 15%, but not more than 25%, of the proceeds of the action or settlement of
the claim, depending upon the extent to which the qui tam plaintiff substantially contributed to
the prosecution of the action.
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(B) Where the action is one which the court finds to be based primarily on disclosures of
specific information, other than information provided by the qui tam plaintiff, relating to
allegations or transactions in a criminal, civil, or administrative hearing, in a report, hearing,
audit, or investigation conducted by a District agency, or from the news media, the court may
award such sums as it considers appropriate, but in no case more than 10% of the proceeds,
taking into account the significance of the information and the role of the qui tam plaintiff in
advancing the case to litigation.
(C) Any payment to a qui tam plaintiff under this paragraph shall be made from the
proceeds of the judgment or the settlement of the claim. Any qui tam plaintiff receiving a
payment under this paragraph shall also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus reasonable attorney’s fees and costs. All such
expenses, fees, and costs shall be awarded against the defendant.
(2) (A) If the District does not proceed with an action brought by a qui tam plaintiff pursuant
to subsection (b) of this section, the qui tam plaintiff shall receive an amount which the court
decides is reasonable for collecting the civil penalty and damages; provided, that the amount
shall be not less than 25%, and not more than 30%, of the proceeds of the action or settlement of
the claim.
(B) Any payment to a qui tam plaintiff under this paragraph shall be made from the
proceeds of the judgment or the settlement of the claim. Any qui tam plaintiff receiving a
payment under this paragraph shall also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus reasonable attorney’s fees and costs. All such
expenses, fees, and costs shall be awarded against the defendant.
(3) The portion of the recovery not distributed pursuant to paragraphs (1) and (2) of this
subsection shall be paid to the District treasury.
(4) (A) Whether or not the District proceeds with the action, if the court finds that the action
was brought by a qui tam plaintiff who planned and initiated the violation of § 2-381.02 upon
which the action was brought, then the court may, to the extent the court considers appropriate,
reduce the share of the proceeds of the action which the qui tam plaintiff would otherwise
receive under paragraph (1) or (2) of this subsection, taking into account the role of the qui tam
plaintiff in advancing the case to litigation and any relevant circumstances pertaining to the
violation.
(B) If the qui tam plaintiff is convicted of criminal conduct arising from his or her role in
the violation of § 2-381.02, the qui tam plaintiff shall be dismissed from the civil action and shall
not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of
the District to continue the action, represented by the Attorney General for the District of
Columbia.
(5) If the District does not proceed with the action and the qui tam plaintiff conducts the
action, the court may award to the defendant reasonable attorneys fees and expenses necessarily
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incurred if the defendant prevails in the action and the court finds that the claim of the qui tam
plaintiff was frivolous, vexatious, or brought solely for purposes of harassment.
(6) (A) Notwithstanding subsection (b) of this section, the District may elect to pursue a
violation of § 2-381.02 through any alternate remedy available to the District, including an
administrative proceeding to determine a civil money penalty. If any such alternate remedy is
pursued in another proceeding, the qui tam plaintiff shall have the same rights in such proceeding
as such person would have had if the qui tam action had continued under this section. Any
finding of fact or conclusion of law made in such other proceeding that has become final shall be
conclusive on all parties to an action under this section.
(B) For the purposes of this paragraph, a finding or conclusion is final if it has been finally
determined on appeal to the appropriate court, if all time for filing such an appeal with respect to
the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial
review.
(g) (1) Whether or not the District proceeds with the action, upon a showing by the District that
certain actions of discovery by the qui tam plaintiff would interfere with the investigation or
prosecution of a criminal or civil matter by the District or a criminal matter in the District of
Columbia arising out of the same facts, the court may stay such discovery for a period of not
more than 60 days.
(2) Upon a further showing that the District or the United States Attorney’s Office for the
District of Columbia has pursued the criminal or civil investigation or proceedings with
reasonable diligence and any proposed discovery in the qui tam action will interfere with the
ongoing criminal or civil investigation or proceedings, the court may extend the stay of
discovery provided for in paragraph (1) of this subsection.
(3) Any showing provided for under this subsection shall be conducted in camera.

(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that
employee, contractor, or agent whole, if that employee, contractor, or agent is discharged,
demoted, suspended, threatened, harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts done by the employee, contractor,
agent, or associated others in furtherance of an action under this subchapter or other efforts to
stop one or more violations of this subchapter.
(b) The relief authorized under subsection (a) of this section shall include:
(1) Reinstatement with the same seniority status that the employee, contractor, or agent
would have had but for the discrimination;
(2) Two times the amount of back pay;
(3) Interest on the back pay; and
(4) Compensation for any special damages sustained as a result of the discrimination,
including litigation costs and reasonable attorneys’ fees.
(c) An action seeking relief under this section may be brought in the Superior Court of the
District of Columbia; provided, that a civil action seeking relief under this section may not be
brought more than 3 years after the date when the retaliation occurred.

Whoever makes or presents to any officer or employee of the District of Columbia
government, or to any department or agency thereof, any claim upon or against the District of
Columbia, or any department or agency thereof, knowing such claim to be false, fictitious, or
fraudulent, shall be imprisoned not more than one year and assessed a fine of not more than
$ 100,000 for each violation of this chapter. The Attorney General for the District of Columbia
shall prosecute violations of this section. The fine set forth in this section shall not be limited by
§ 22-3571.01.