When Regulatory Noncompliance Becomes FCA Liability

Law360, New York (March 4, 2013, 12:52 PM EST) -- With increasing frequency, employees and whistleblowers are using the False Claims Act to challenge claims for reimbursement based on alleged regulatory noncompliance. As government regulation of business expands, however, courts have struggled to draw the line between fraud and falsehood befitting the FCA, and mere regulatory violations properly left for government agencies. Drawing that line requires answering a seemingly simple question of law: When is a government claim false? Certainly when the government is knowingly billed for defective goods or services that are not provided as...
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