False Estimates: A Misguided Notion Under The FCA
Client Alert | less than 1 min read | 07.22.05
Just as Russian officials have sought to hold weather forecasters liable for bad predictions, some qui tam relators and federal agencies have sought to stretch the False Claims Act (FCA) to impose liability for false estimates. In his article "The Strange Notion of Estimates as Fraud: Will Weather Predictions Be Next Under the False Claims Act?" published in The Procurement Lawyer (Summer 2005 http://www.crowell.com/pdf/BodenheimerSUM05.pdf), David Z. Bodenheimer explains that these "false estimate" allegations cannot be squared with common law rules that generally exclude opinions and predictions as a basis for fraud, FCA requirements that demand objective (not subjective) proof of falsity, and basic federal procurement standards that recognize the subjectivity inherent in estimating future costs.
Insights
Client Alert | 3 min read | 04.07.26
EU Pharma Package: Fiscal Imports in the Supply Chain Compromise Proposal
In our fourth alert in this EU Pharma Package Series, we provided an analysis of the long-standing but increasingly debated issue of fiscal imports in the pharmaceutical supply chain and the EU’s evolving approach to this issue.
Client Alert | 4 min read | 04.02.26
Client Alert | 7 min read | 04.02.26
Reducing Your Exposure: Liability Limitations for Cybersecurity-Compliant Organizations
Client Alert | 4 min read | 04.01.26
