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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            In a dubious rhetorical flourish, the majority also mischaractize
the appellees’ position as suggesting that the government’s awareness that a
claimant’s submission was false might affect the truth or falsity of the
claim. The majority tartly add: “A lie does not become the truth simply
because the person hearing it knows that it is a lie.” The majority confuse
the vernacular “truth” or “falsity” of a claim with an actionable FCA false
claim, whose components also include materiality and “knowing” falsehood.
While the owners do not concede the vernacular falsity of their vouchers, they
have disputed the existence of actionable civil FCA claims.