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Abstract

The False Claims Act permits private informants to allege fraud against government contractors. To avoid parasitic lawsuits, the Act restricts individuals' right to bring suit by barring actions based on "publicly disclosed" information, thereby avoiding frivolous claims by requiring personal knowledge of fraud. The line between limiting unnecessary litigation and encouraging legitimate whistleblowers to come forth is blurred. While "public disclosure" clearly restricts suits based upon information disclosed via federal government-produced documents, questions remain regarding whether the bar limits suits based upon information found in nonfederal government-produced documents. This Comment addresses why state and local government documents are public disclosures that should bar private citizens from recovery.

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