3. A person shall be jointly and severally liable to the State for a civil penalty of not less than and not more than the civil penalty allowed under the federal False Claims Act (31 U.S.C.s.3729 et seq.), as may be adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub.L.101-410, for each false or fraudulent claim, plus three times the amount of damages which the State sustains, if the person commits any of the following acts:
a. Knowingly presents or causes to be presented, a false or fraudulent claim for payment or approval;
b. Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;
c. Conspires to commit any violation of subsection a., b., d., e., f., or g. of this section;
d. Has possession, custody, or control of public property or money used or to be used by the State and knowingly delivers or causes to be delivered less property or money than the amount for which the person receives a certificate or receipt;
e. Is authorized to make or deliver a document certifying receipt of property used or to be used by the State and, intending to defraud the entity, makes or delivers a receipt without completely knowing that the information on the receipt is true;
f. Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property; or
g. 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 State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State.
Notes of Decisions
Foglia v. Renal Ventures Mgmt., LLC, 830 F. Supp. 2d 8 (D.N.J. 2011).
· cites it 4× “See N.J.S.A. § 2A:32C-3(a), (b). It appears, based on the factual recitation in the amended complaint, that Relator’s claims are based on these provisions.”
United States Ex Rel. Charte v. Am. Tutor, Inc., 934 F.3d 346 (3d Cir. 2019).
· cites it 2× “§ 3729 (a)(1); N.J. Stat. Ann. § 2A:32C-3. 12 Under Title I of the Elementary and Secondary Education Act of 1965, the federal Government provides funding to States for supplemental educational services such as tutoring.”
Brennan ex rel. State v. Lonegan, 186 A.3d 925 (N.J. Super. Ct. App. Div. 2018).
“"Claim" means a request or demand, under a contract or otherwise, for money, property, or services that is made to any employee, officer, or agent of the State, or to any contractor, grantee, or other recipient if the State provides any portion of the money, property, or…”
Khatchikian v. Port Imperial Ferry Corp. (D.N.J. 2021).
· cites it 9× “The New Jersey False Claims Act employs substantially the same language as the relevant portions of the FCA, see N.J. Stat. Ann. § 2A:32C-3(a), (b), (c), and (g).”
Resolution Nj LLC v. Riverside Med. Grp., P.C. (D.N.J. 2024).
· cites it 4× “Factual History This case involves a qui tam claim under the False Claims Act (“FCA”), as well as claims under the New Jersey False Claims Act, N.J.S.A. § 2A:32C-3, (“NJFCA”), arising out of allegedly fraudulent claims presented by Riverside Medical Group, P.”
The United States of Am. v. Bayada Home Health Care, Inc. (D.N.J. 2021).
· cites it 2× “Bayada argues that Freedman has not plead a cognizable theory of liability under the FCA because he merely alleges that Bayada fraudulently acquired Ocean County’s home healthcare agency, not that Bayada made any false statements to the United States, much less false statements…”
Scibetta v. Acclaimed Healthcare (D.N.J. 2021).
· cites it 2× “” N.J. Stat. Ann. §§ 2A:32C-3(a), (b). One notable difference between the State and Federal statutes is that the New Jersey law does not contain a 10 materiality requirement.”
Bolinger v. 24th Street, Inc. (D.N.J. 2024).
· cites it 2× “§ 49-4-168 (Counts 13–18), New Jersey False Claims Act, N.J. Stat. Ann. § 2A:32C-3 (Counts 19–21), New York False Claims Act, N.”
N.J. Stat. § 2A:32C-3(a): 8 cases
Foglia v. Renal Ventures Mgmt., LLC, 830 F. Supp. 2d 8 (D.N.J. 2011).
“See N.J.S.A. § 2A:32C-3(a), (b). It appears, based on the factual recitation in the amended complaint, that Relator’s claims are based on these provisions.”
Brennan ex rel. State v. Lonegan, 186 A.3d 925 (N.J. Super. Ct. App. Div. 2018).
“"Claim" means a request or demand, under a contract or otherwise, for money, property, or services that is made to any employee, officer, or agent of the State, or to any contractor, grantee, or other recipient if the State provides any portion of the money, property, or…”
Khatchikian v. Port Imperial Ferry Corp. (D.N.J. 2021).
“The New Jersey False Claims Act employs substantially the same language as the relevant portions of the FCA, see N.J. Stat. Ann. § 2A:32C-3(a), (b), (c), and (g).”
The United States of Am. v. Bayada Home Health Care, Inc. (D.N.J. 2021).
“Bayada argues that Freedman has not plead a cognizable theory of liability under the FCA because he merely alleges that Bayada fraudulently acquired Ocean County’s home healthcare agency, not that Bayada made any false statements to the United States, much less false statements…”
N.J. Stat. § 2A:32C-3(g): 3 cases
Khatchikian v. Port Imperial Ferry Corp. (D.N.J. 2021).
“The New Jersey False Claims Act employs substantially the same language as the relevant portions of the FCA, see N.J. Stat. Ann. § 2A:32C-3(a), (b), (c), and (g).”
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