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§ 881

Citation
§ 881
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... ↗

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15
        While we do not reach this issue today, we note that if
a future panel of this court is faced squarely with the question
whether materiality is an element of the civil FCA, this court
will need to assess whether and to what extent Wells and Neder
might undermine our precedents interpreting the civil FCA to
contain an implicit materiality requirement.
     16
        We note that this argument mirrors the analysis of the
Wilkins court. While the Wilkins court calls this implicit
requirement a “materiality” element and the Government does not,
it appears that the “claim materiality” element espoused by the
court in Wilkins is the same requirement advocated by the
Government in the instant case.