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Expert Analysis

4th Circ. Endorses FCA 'Implied Certification' Theory

Law360, New York (January 27, 2015, 10:20 AM EST) -- Does the federal False Claims Act require the submission of an "objectively false statement" to the government? When does a company's knowing failure to comply with contractual terms amount not just to a breach of contract, but potentially to actionable fraud? In United States v. Triple Canopy Inc. (decided Jan. 8, 2015), the Fourth Circuit concluded that objective falsity in a claim to the government is not required, and endorsed the so-called "implied certification" theory of liability under the FCA. The result continues to expand the risks that companies may face when doing business with the federal government....

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