False Claims Amendments Act of 1980

(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-615)

False Claims Amendments Act of 1980 - Amends the False Claims Act to redefine the fraudulent claims against the United States Government which give rise to civil liability and forfeiture. Includes within the scope of such claims the falsification of computer-readable media. Defines "knowing" (the scienter requirement for establishing liability) to mean actual or constructive knowledge that the claim is false or fictitious. Stipulates that no proof of intent to defraud at common law is required.

Increases the forfeiture level under the Act from $2,000 to $5,000. Makes recoverable those consequential damages sustained by the Government's having entered into or made any contract or grant as a result of any false statement, but allows the court to reduce total damages by up to 25 percent for unforeseeable damages.

Makes venue of actions under this Act proper in any district in which a defendant can be found, resides, transacts business, or in which any act proscribed is alleged by the Government to have occurred. (Current law limits venue to the district where a defendant shall be "found.") Gives the Court of Claims jurisdiction of any action asserted by way of counterclaim.

Sets forth new procedural provisions governing actions under such Act. States that the burden of proof for the United States is by a preponderance of the evidence. Provides that a final judgment in favor of the Government in any criminal proceeding charging fraud or false statements (including a plea of nolo contendere) shall stop the defendant from denying the essential elements of the offense in any action under the False Claims Act.

Makes any person who gives anything of value to an officer or employee of the United States, which could reasonably be presumed to have influenced such person in the performance of an official duty, liable civilly for the amount given. Authorizes the Attorney General to void any contract made with such person in connection with such payment, with respect to which the officer or employee performed a substantial function. Establishes a rebuttable presumption that a payment made within 180 days preceding or 360 following the making of the contract was made in connection with the contract.

Authorizes a district court to enjoin a defendant from taking any action which is found reasonably likely to hinder the collection of any judgment by the Government.

Requires suits under the Act to be commenced within the later of: (1) six years from the commission of the Act (the current requirement); or (2) three years from the time material facts reasonably should have been known by the appropriate Department of Justice official.

Authorizes the Attorney General to issue a civil investigative demand prior to a civil proceeding which requires a person to produce documentary material, answer written interrogatories, or give oral testimony concerning material or information which is relevant to a false claims investigation. Applies to such demands the standards applicable to subpoenas issued by a Federal court in aid of a grand jury investigation or discovery requests under the Federal Rules of Civil Procedure. Specifies rules regarding the service of, and compliance with, such demands.

Requires that a False Claims Act investigator be designated to serve as custodian of material, answers to interrogatories, and transcripts of oral testimony received. Allows such custodian to deliver such information to a Department of Justice attorney who appears in any judicial or administrative proceeding. Provides for the return of information which has not passed into the control of a court, grand jury, or agency to the person producing it. Sets forth enforcement procedures with respect to such civil investigative demands and the duties of designated custodians.