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 | 3 min read | 02.26.26
FERC Requires Refunds for Late QF Recertification
On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners.
Client Alert | 4 min read | 02.26.26
Client Alert | 6 min read | 02.24.26
Artificial Intelligence and Human Resources in the EU: a 2026 Legal Overview
Client Alert | 3 min read | 02.24.26
DOJ v. OhioHealth Confirms Antitrust Enforcers’ Continued Focus on Health Care Markets
