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Section 8

Citation
Section 8
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

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24
          We emphasize that we need not, and do not, address
today the availability of a “government knowledge” defense in qui
tam actions. Qui tam actions are governed by substantively
different rules than government-initiated FCA actions in many
respects. Government knowledge of the facts and circumstances
underlying a claim has historically played a different role in
qui tam actions than in FCA actions brought by the government.
See supra note 23. Indeed, under certain circumstances relators
are still jurisdictionally barred from bringing qui tam actions
under the FCA if the government had knowledge of the facts and
circumstances that form the basis of the relator’s claim. See 31
U.S.C. § 3730(e). In light of these distinctions, it is
appropriate for this court in the instant case to confine our
discussion of the availability of a “government knowledge
defense” to government-initiated FCA actions.