Questions Presented
Whether a plaintiff asserting a cause of action under Section 3729(a)(2) or Section 3729(a)(3) of the False Claims Act is required to prove that a false claim was submitted to the federal government, or whether it is sufficient to establish that the claim was paid using federal funds.
Case Updates
Supreme Court addresses qui tam lawsuits where no false claim is presented
June 09, 2008
A unanimous Supreme Court held that a plaintiff asserting a federal False Claims Act claim must prove that the defendant intended that the false record or statement be material to the Government's decision to pay or approve the false claim. Although the Supreme Court fell short of actually requiring presentment, the decision makes clear that that the False Claims Act is limited to attempts to defraud the United States Treasury.
U.S. Chamber files amicus brief
December 20, 2007
NCLC urged the Supreme Court reverse the Sixth Circuit’s holding that the False Claims Act, with its threat of treble damages, applies to private transactions where no false claim is actually presented to the federal government. In its merits brief, NCLC argued that this holding misread the statutory language and would hinder the resolution of private commercial disputes without preventing fraud actually committed against the government by attaching liability to any transaction where a claim is paid with funds traceable to the federal government.
Cert. petition granted
October 29, 2007
U.S. Chamber files amicus brief supporting cert.
September 19, 2007
NCLC urged the Supreme Court to grant the cert. petition and reverse the Sixth Circuit’s holding that the False Claims Act, with its threat of treble damages, applies to private transactions where no false claim is actually presented to the federal government. In its brief, NCLC argued that this holding misread the statutory language and would hinder the resolution of private commercial disputes without preventing fraud actually committed against the government by attaching liability to any transaction where a claim is paid with funds traceable to the federal government.