Conspiracies are liable under the False Claims Act if the co-conspirators try to defraud the Government by getting a false or fraudulent claim approved or paid.

A conspiracy in violation of 31 U.S.C. § 3729 (a)(3) requires proof that the: (1) defendant conspired with one or more persons to get a false or fraudulent claim allowed or paid; and (2) conspirator(s) performed any act to effect the object of the conspiracy.

False Claims Act defense lawyer Jack Boese, in his treatise on the law, admits that some kinds of wrongdoing are almost automatic violations of the False Claims Act’s prohibitions against conspiracies: "Bid rigging, like some other actions involving false bidding or negotiations, such as collusive bidding and kickbacks, almost by definition involves conspiracies."

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