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Federal court finds False Claims Act penalty unconstitutionally excessive

Written by Gugu Ntsele | May 3, 2025 11:51:57 AM

On February 26, 2025, a federal judge in Texas ruled that a $448 million penalty under the False Claims Act violated the Constitution, despite upholding the jury’s verdict that Healthcare Associates of Texas submitted fraudulent Medicare claims.

 

What happened

The U.S. District Court for the Northern District of Texas issued a major ruling in United States ex rel. Cheryl Taylor v. Healthcare Associates of Texas, LLC, finding that the False Claims Act’s mandatory per-claim penalties can violate the Eighth Amendment’s Excessive Fines Clause when grossly disproportionate to the actual harm.

In this case, a whistleblower claimed that Healthcare Associates of Texas (HCAT) used improper Medicare billing practices, leading to overpayments totaling $2.75 million. The jury found the company liable for 21,844 false claims, awarding a staggering $448 million in penalties. The court upheld the verdict but reduced the penalty to $16.5 million, citing constitutional concerns. 

 

The backstory

The False Claims Act allows whistleblowers to report fraudulent claims made to federal programs like Medicare. It imposes damages and per-claim civil penalties that can quickly result in nine-figure awards—even in relatively low-dollar fraud cases.

Historically, courts have enforced these penalties, but recent rulings suggest growing unease with the scale of financial punishment, especially when the underlying misconduct doesn’t involve outright fabrication or harm.

 

Going deeper

  • The original jury award calculated penalties at the statutory maximum of $27,894 per false claim.
  • HCAT was found to have received $2.75 million in improper reimbursements.
  • The relator requested both treble damages and the maximum per-claim penalty, pushing the total award beyond $448 million.
  • The court agreed the award was excessive, noting:
    • A ratio of more than 100:1 compared to actual damages.
    • The violations stemmed from billing rule infractions, not fabricated treatments or services.
  • The final judgment was reduced to $16.5 million (three times the actual overpayment).

 

What was said

The court acknowledged that the defendant’s harm was significant. “[S]ubmitting false claims harms the government in [sic] ways that are difficult to quantify.” Yet the court determined that the harm did not necessitate a penalty “two orders of magnitude greater than the actual financial harm” (especially where the actual damages were themselves “‘substantial’”). Indeed, the minimum penalty mandated by the statute was one hundred times the amount of actual damages. That ratio was “grossly out of alignment with the ratios in other similar cases.” The court pointed to the above-referenced Minnesota case from last year, in which the court held that even a penalty-to-actual damages ratio of 8.2-to-1 was unconstitutionally excessive. The Texas court also pointed to decisions in which courts determined that 3-to-1 and 8-to-1 ratios were not unconstitutionally excessive.

 

In the know

The Eighth Amendment’s Excessive Fines Clause is rarely invoked in FCA cases, but this ruling could encourage more defendants to challenge disproportionate penalties. FCA enforcement traditionally relies on steep per-claim penalties to deter fraud, but as courts scrutinize extreme damage awards, the balance between deterrence and fairness may be shifting.

 

Why it matters

This case signals a shift in how courts may approach False Claims Act penalties when technical violations—not outright fraud—are involved. The defendant, Healthcare Associates of Texas, submitted inaccurate Medicare billing codes, but didn’t bill for services not rendered. The court recognized this as a “reporting offense,” not deliberate fraud, and found that imposing a $448 million penalty for $2.75 million in actual damages was grossly disproportionate.

By reducing the penalty to a 3-to-1 ratio of actual damages, the court made clear that even penalties set by statute can be unconstitutional if they exceed the harm caused. This sets an important precedent: FCA defendants whose conduct doesn’t involve overt deceit may have a strong Excessive Fines Clause argument—especially when facing penalties that are orders of magnitude greater than the financial harm.

 

The bottom line

Massive False Claims Act penalties aren’t always ironclad—especially if they far outweigh actual damages. This case suggests that raising Eighth Amendment arguments early could be a viable defense strategy. Legal teams should reevaluate how to approach FCA cases when high per-claim penalties are at stake.

 

FAQs

What qualifies as a “false claim” under the False Claims Act?

A false claim is any knowingly fraudulent request for payment submitted to the federal government.

 

Can individual employees be held liable under the False Claims Act?

Yes, both individuals and organizations can be held liable under the FCA.

 

How often are FCA penalties successfully challenged on constitutional grounds?

Challenges under the Excessive Fines Clause are rare but gaining traction in recent years.

 

Does this ruling apply to all federal courts?

No, this ruling is binding only in the Northern District of Texas but may influence other courts.

 

Are whistleblowers financially rewarded in FCA cases?

Yes, whistleblowers (relators) typically receive a percentage of the recovered funds.