When The Government Knows Too Much For Its Own Good

Law360, New York (September 9, 2011, 1:17 PM EDT) -- Liability under the federal False Claims Act (“FCA”) (31 U.S.C. §§ 3729 et seq.) hinges upon the “knowing” submission of a false or fraudulent claim, which means that the person presenting or causing presentation of the claim “(i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information.” 31 U.S.C. §3729(b).

But what happens when the government has advance knowledge of all the...
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