Allison Engine: The Presentment Issue Under The FCA

Law360, New York (June 20, 2008, 12:00 AM EDT) -- On June 9, 2008 the United States Supreme Court announced its decision in Allison Engine Co. Inc. v. United States ex rel. Sanders, No. 07-214.

The Court granted cert to resolve a perceived circuit split over when alleged fraudulent activity threatens the Federal Treasury, and therefore, subjects a person to liability under the civil False Claims Act. 31 U.S.C. § 3729 et seq. (the “FCA”).

In short, cheating the Government is actionable under the FCA. Cheating someone other than the Government is not. That is not...
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