Civil False Claims Act

  • Read more: Implied Certification and the Problem of Interpretation Under the False Claims Act
    Article

    Implied Certification and the Problem of Interpretation Under the False Claims Act

    By Joan H. Krause [Cross-posted from Hamilton and Griffin On Rights] In a recent post, I explained the contours of the False Claims Act (FCA) implied certification theory of falsity, the subject of the recent Supreme Court argument in Universal Health Services v. United States(UHS). In this post, I will address an issue largely overlooked…

  • Read more: Implied Certification and the Quest for Fraud that “Counts” Under the False Claims Act
    Article

    Implied Certification and the Quest for Fraud that “Counts” Under the False Claims Act

    By Joan H. Krause [Cross-posted from Hamilton and Griffin on Rights] Sometimes, we lie when we speak; other times, we lie when we don’t. Striking the right balance is the essence of the Universal Health Services (UHS) case recently argued before the Supreme Court, which challenged the applicability of the False Claims Act (FCA) to…