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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926-931 (1997). A footnote in Neder is particularly provocative on this
score. 527 U.S. at 24 n.7, 119 S.Ct. at 1840 n.7. Further, federal case law
under the criminal FCA holds that there is no materiality requirement for a
violation. See, e.g., United States v. Upton, 91 F.3d 677, 685 (5th Cir.
1996). Until the Supreme Court instructs otherwise, however, materiality
remains an element of civil FCA claims.
      31
            In my view, Wilkins, supra, is misinterpreted by the majority, and
no other court authority exists for the “claim materiality” theory. While
Wilkins’s historical discussion of the materiality requirement is exhaustive,
the opinion nowhere mentions, much less adopts, a “claim materiality”
standard. And as a district court opinion, Wilkins does not bind this court.