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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.