Preponderance of the Evidence in a Civil Trial

[David Lockmiller]

Since its inception, the False Claims Act of 1863 (FCA or the Act), also known as the "Abraham Lincoln Law," has been the federal government's chief weapon against fraud. The law was enacted in response to rampant fraud committed by public contractors upon the Union government.

False Claims Act of March 2, 1863, 12 Stat. 696.

The frauds committed during the Civil War generally consisted of selling products to the Army which were either defective, or not what they purported to be. For example, one Major McKinstry reportedly purchased 1,000 mules, at $119 a head, even though some of the mules were blind or diseased, and virtually all of the mules were useless.