False Claim Need Not Be "Presented" By Defendant
Client Alert | 1 min read | 12.20.05
In the latest in a series of cases interpreting the False Claims Act's "presentment" element, the court in U.S. v. Sequel Contractors, Inc., 2005 WL 3307026 (C.D. Cal., Nov. 14, 2005), held that a contractor submitting a false claim for payment to its county-government customer, which then submitted a request for partial reimbursement to the federal government, could be liable under the FCA, because the statute only requires that someone (in this case the county-government customer), and not necessarily the defendant itself, "present" the false claim to the federal government, as long as the defendant "causes" the ultimate presentation. The court also held that, although actionable false claims must be made "knowingly," the knowledge in question is knowledge of the claim's falsity, not knowledge that the ultimate recipient of the claim would be the federal government.
Insights
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
The UK Supreme Court has unanimously dismissed the appeal of Mr Francesco Costa, former chairman of Spring Media Investments Limited, in the first Supreme Court judgment to consider the scope of the duty under section 172(1) of the Companies Act 2006. The foundational position is that good faith requires honest conduct as well as honest thinking. A director's genuine belief that they are acting in the company's best interests will not excuse covert or disloyal conduct in pursuit of that belief.
Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
Client Alert | 5 min read | 09.03.26
Client Alert | 6 min read | 09.03.26
FDA Seeks Input for Regulating GenAI-Powered Medical Devices
