6.5 TREBLE DAMAGES
6.501 Rationale. Treble damages are mandatory, unless the defendant undertakes certain affirmative steps that permit a reduction of the damages in limited circumstances. 52
Although federal courts have sometimes considered the treble damages feature of the FCA as having a punitive component, historically FCA damages have not been regarded primarily as punishment. 53 The United States
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Supreme Court has at times found the FCA to have "punitive" elements, 54 but more recently the Court has moderated its stance, stating in Cook County, Ill. v. United States ex rel. Chandler: 55
[I]t is important to realize that treble damages have a compensatory side, serving remedial purposes in addition to punitive objectives. While the tipping point between pay- back and punishment defies general formulation, being dependent on the workings of a particular statute and the course of particular litigation, the facts about the FCA show that the damages multiplier has compensatory traits along with the punitive. 56
Rather, the treble damages requirement is a reflection of several interrelated factors. Congress deemed treble...
