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Authors

Jim Moye

Abstract

In 2009, Congress passed the Fraud Enforcement Recovery Act to combat the recent surge in fraud.  This article reviews the major fraud cases of the last two years, including healthcare fraud, mortgage fraud, and improper pharmaceutical labeling.  It then argues that, although FERA was a valiant attempt by the federal government to address the surge in fraudulent behavior, the law did not go far enough to dissuade such behavior.  The author proposes stronger measures, such as permanently banning FERA violators from federal contract and program consideration, increasing the financial liability of those violating the law to reflect the full financial impact of their fraud, requiring violators to bear all financial liability regardless of their participation in uncovering the fraud, and creating a unified fraud database, in order to more effectively deter fraudulent activity and hold perpetrators accountable.

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