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Article: Seeking more scienter: the effect of False Claims Act interpretations.
- Article from:
- The Yale Law Journal
- Article date:
- March 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The U.S. Treasury can now rely on recovering a billion dollars each year from antifraud efforts. Enacted during the Civil War to combat war profiteering, (1) the False Claims Act (FCA) prohibits the submission of false or fraudulent claims for payment to the United States? An individual violates the FCA when he "knowingly presents, or causes to be presented" to the government "a false or fraudulent claim for payment or approval," (3) or "knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government." (4) A defendant acts "knowingly" if he acts with "actual knowledge," "deliberate ...