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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485 U.S. at 776-77 (opinion of Scalia, J., joined by Rehnquist,
C.J., and Brennan, J.). This analysis suggests that
“materiality” and “but-for causation” are distinct (and, indeed,
inconsistent) requirements.
     Finally, as the above passage indicates, there are problems
of proof that arise when the government is required to
demonstrate that a claimant’s misrepresentation actually
motivated its decision to approve a claim. Imposing such an
evidentiary burden risks excessively constraining the
government’s ability to sanction claimants who make false
representations to the government. As we share Justice Scalia’s
concerns in this regard, we reject the dissent’s suggestion that
“but-for causation” is the appropriate test of materiality in the
instant case.