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U.S. Supreme Court

Apr. 26, 2023

High court hears important case on False Claims Act’s scienter requirement

The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization in 1986, the Department of Justice has recovered nearly $72 billion from enforcement of the Act.

On April 18, the Supreme Court heard oral argument in what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the United States to combat alleged fraud by federal contractors. Especially since the law was amended in 1986, the FCA has served as a comprehensive anti-fraud statute applied broadly across numerous federal programs, including procurement contracts, M...

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