Tag Archives: Implied Certification

Introducing Covington’s Escobar Tracker

In Universal Health Services v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court changed the landscape for False Claims Act litigation. The Court endorsed implied certification liability, but set a high bar for demonstrating the materiality of a violation of law, regulation, or contract to the government’s payment decision. More … Continue Reading

Common Sense Prevails: “Tougher” To Satisfy Rule 9(b) Standard in “Implied Certification” FCA Case Arising from GSA Schedule Contractors’ Alleged TAA Non-Compliance

A U.S. District Court recently dismissed a False Claims Act (FCA) qui tam action alleging that numerous GSA Schedule contractors violated their obligations under the Trade Agreements Act (TAA), resulting in the submission of false claims under the “implied certification” theory of FCA liability.  As discussed further below, the court’s decision — United States ex rel. Berkowitz … Continue Reading

Seventh Circuit Rejects Doctrine of Implied False Certification to Establish False Claims Act Liability

In United States v. Sanford-Brown, Limited, No. 14-2506 (7th Cir. June 8, 2015), the Seventh Circuit declined to adopt the “so-called doctrine of implied false certification” to establish liability under the False Claims Act (“FCA”). This doctrine treats an invoice submitted by a contractor as an implicit representation that the contractor has complied with any … Continue Reading

Off the Mark?: Fourth Circuit Reverses FCA Dismissal Using Implied Certification Theory

In its January 8 decision in United States v. Triple Canopy, Inc., the Fourth Circuit reiterated its acceptance of the implied certification theory of False Claims Act (“FCA”) liability.  Under the FCA, a contractor can face steep financial penalties for knowingly making false statements in order to get fraudulent claims paid or approved by the … Continue Reading
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