DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 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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        In discussing HUD employee Quentin Lewis’s deposition
testimony, the dissent apparently contends that a false
certification of statutory or regulatory compliance cannot be a
“prerequisite” to receipt of government funds under Thompson
unless the person who processed the certifications took into
account the truth or falsity of the certified statements in
determining whether to remit funds. However, the fact that the
particular bureaucrat charged with confirming whether a claimant
has complied with a certification requirement has no independent
knowledge of the truth or falsity of the certified statements
does not alter the fact that the certification is a prerequisite
to receipt of funds, especially when it is undisputed that funds
would not have been paid to the claimant in the absence of the
certification. Thompson clearly dictates that a certified