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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

Other Sections in This Document (1123)

Full Text

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            As a matter of pure logic, the government’s knowledge affects not
only the question whether the defendant “knowingly” presented a false claim,
but also the question whether the claim was false. The Seventh Circuit may
have captured the relationship when it observed that one cannot meaningfully
discuss falsity without implicating the knowledge requirement. Lamers, 168
F.3d at 1018. The court went on to hold that government knowledge precluded
an actionable false claim.