Vasilios J. Kalogredis, with Lamb McErlane. Courtesy photo. High Court Clarifies Subjective Intent as Standard for False Claims Act Violations
This holding leaves relators uncertain about what facts, and how many, are necessary to establish that a defendant "knew" its claims were false.
July 31, 2023 at 09:31 AM
6 minute read
Health Care Law
On June 1, the U.S. Supreme Court released its ruling regarding the necessary intent under the False Claims Act (FCA). In consolidated cases Schutte v. SuperValu and Proctor v. Safeway, Justice Clarence Thomas, writing for a unanimous court, explained that the scienter requirement under the FCA is satisfied by a defendant's subjective beliefs about the accuracy of their claims—not the objective standard of what a reasonable person may have believed.
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