41 U.S.C. § 8706

Civil actions

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(a)Amount.—The Federal Government in a civil action may recover from a person—(1) that knowingly engages in conduct prohibited by section 8702 of this title a civil penalty equal to—(A) twice the amount of each kickback involved in the violation; and(B) not more than $10,000 for each occurrence of prohibited conduct; and(2) whose employee, subcontractor, or subcontractor employee violates section 8702 of this title by providing, accepting, or charging a kickback a civil penalty equal to the amount of that kickback.(b)Statute of Limitations.—A civil action under this section must be brought within 6 years after the later of the date on which—(1) the prohibited conduct establishing the cause of action occurred; or(2) the Federal Government first knew or should reasonably have known that the prohibited conduct had occurred.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3840.)

Historical and Revision Notes
8706	41:55.	Mar. 8, 1946, ch. 80, § 5, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3524.

Historical and Revision Notes

8706

41:55.

Mar. 8, 1946, ch. 80, § 5, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3524.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2017–2023 · leading case: United States Ex Rel. Vavra v. Kellogg Brown & Root, Inc., 848 F.3d 366 (5th Cir. 2017).

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United States Ex Rel. Vavra v. Kellogg Brown & Root, Inc., 848 F.3d 366 (5th Cir. 2017). · cites it 2× “” 41 U.S.C. § 8706 (b)(2). It is undisputed that the Government should reasonably have known that prohibited conduct had occurred as of January 2004, when the relators filed their qui tam complaint.”

Michele Yates v. Pinellas Hematology & Oncology, P.A., 21 F.4th 1288 (11th Cir. 2021). “See 41 U.S.C. § 8706 (a)(1)(B); 28 C.F.R. § 85.”

United States v. Mgmt. Consulting, Inc. (E.D. Va. 2022). · cites it 16× “41 U.S.C. § 8706 . The Act prohibits any person from providing, soliciting, or accepting kickbacks on federal contracts.”

United States of Am.,ex rel Bud Conyers v. Halliburton Co. (S.D. Tex. 2021). · cites it 3× “41 U.S.C. § 8706 (b). The parties stipulate that the limitations period for the AKA claims began to run on May 9, 2004.”

United States v. Mission Support All. LLC (E.D. Wash. 2020). “8 41 U.S.C. § 8706 (a). The Government alleges that LMC, one of the parent companies of joint 9 venture MSA and parent company of LMSI, used its MICP to provide “things of 10 value” to MSA employees including Defendant Armijo and non-defendant Olsen 11 in exchange “for their use…”

United States of Am. v. The Boeing Co. (W.D. Wash. 2023). “See 41 U.S.C. §§ 8706 (a), 8707; United States ex rel.”

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