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 | 2 min read | 05.29.26
California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate
California’s COMPETE Act (AB 1776) narrowly passed the California State Assembly by three votes on Wednesday and now moves to the California State Senate. The bill — introduced in March by Assembly Majority Leader Cecilia Aguiar-Curry — is modeled closely on draft legislation recommended by the California Law Revision Commission in September. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but, based on recent amendments, would also explicitly decouple California antitrust analysis from certain federal standards. Crowell & Moring is representing the California Chamber of Commerce (CalChamber) in monitoring, analyzing, and responding to AB 1776.
Client Alert | 5 min read | 05.29.26
Clover Insurance v. HHS: S.D. of Georgia Holds 20 Star Ratings Measures Unlawful
Client Alert | 3 min read | 05.29.26
Client Alert | 3 min read | 05.28.26
