DRAFT FOR ATTORNEY REVIEW — NOT FINAL

United States v. Southland Management Corp., 326 F.3d 669 (2002)

Citation
United States v. Southland Management Corp., 326 F.3d 669 (2002)
Parent Document
United States v. Southland Management Corp., 326 F.3d 669 (2002)
Effective Date
2002-05-22
Original Source
https://www.courtlistener.com/opinion/27565/united-states-v-southland-managem... ↗

Other Sections in This Document (1123)

Full Text

1,251 chars 
As the preceding statutory text shows, and as the name of the Act suggests, the Act is aimed at false claims. The statute defines a “claim” as “any request or demand, whether under a contract or otherwise, for money or property”16 which is made to someone — including the government itself — who will at least in part use government money or property to pay it. Stated differently, it is a “request or demand” made in connection with a “contract or otherwise,” the “contract or otherwise” allegedly warranting the making of the claim. Thus, whether a claim is valid depends on the contract, regulation, or statute that supposedly warrants it. It is only those claims for money or property *675to which a defendant is not entitled that are “false” for purposes of the False Claims Act. See Costner v. URS Consultants, Inc., 153 F.3d 667, 677 (8th Cir.1998) (“[0]nly those actions by the claimant ... [calculated to] caus[e] the United States to pay out money it is not obligated to pay ... are properly considered ‘claims’ within the meaning of the FCA.”); United States ex rel. Wilkins v. N. Am. Constr. Corp., 173 F.Supp.2d 601, 626 (S.D.Tex.2001) (collecting authorities for the proposition that a “false claim” is a claim for more than one is due).