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False Claims Act - Supreme Court Will Review Allison

Oct.30.2007

The Supreme Court will determine whether the Sixth Circuit's holding in U.S. ex rel. Sanders v. Allison Engine Co. that presentment of a claim to a government official is not required under § 3729(a)(2) (false statements made to get false claims paid) and § 3729(a)(3) (conspiracy to get false claims paid) of the False Claims Act was correct. The Sixth Circuit's decision is contrary to a decision written by Chief Justice Roberts (U.S. ex rel. Totten v. Bombardier Corp.) when he served on the D.C. Circuit.

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Brian C. Elmer
Retired Partner – Washington, D.C.
Phone:
Email: belmer@crowellretiredpartners.com
Marc F. Efron
Retired Partner – Washington, D.C.
Phone:
Email: mefron@crowellretiredpartners.com