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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            The majority emphasizes the uncompromising nature of its rule by
adding in a footnote, “The materiality of the certified statement is not
dependent upon how large a role the truth or falsity of the certification
plays in the government’s ultimate decision whether to remit payment.”
Majority Opinion at ___, n.18. Suppose a government contractor mis-certified
his payment address for reasons having nothing to do with the contract. He
could be subjected to FCA liability under the majority’s theory. The
majority’s reasoning has done away with materiality, at least in certification
cases, while purporting to apply it!