The ability of the defendant to pay damages is an important
consideration. False Claims Act cases can be long and costly. Most
defendants have substantial funds to fight a case. A defendant
must be able to pay substantial damages for the fraud committed if
a case is ultimately to be financially worthwhile. If a company is
bankrupt or nearly so, the Government, the relator, and the
lawyers may recover nothing for their efforts, no matter how
horrible the wrongdoing.