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    Federal and state governments frequently employ the False Claims Act (FCA), and various similarly-worded state statutes, to pursue recoveries from companies that operate in a variety of industries to make up for budget shortfalls and to otherwise bolster revenue. The breadth and effect of these statutes is further enlarged by governments’ statutory investigation powers, which permit pre-suit depositions and document discovery without the government having to disclose the existence of sealed lawsuits or the bases for such litigation. Further, the FCA and parallel state statutes also provide private plaintiffs (and their attorneys) strong financial incentives to assert claims on behalf of the government through privately-filed qui tam lawsuits.

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