United States Supreme Court

In the context of the False Claims Act, it is insufficient for a plaintiff asserting a 31 U.S.C. section 3729(a)(2) claim to show merely that "[t]he false statement's use ... result[ed] in obtaining or getting payment or approval of the claim," or that "government money was used to pay the false or fraudulent claim." Instead, a plaintiff asserting such a claim must prove that the defendant intended that the false record or statement be material to the government's decision to pay or approve the false claim. Similarly, a plaintiff asserting a claim under section 3729(a)(3) must show that the conspirators agreed to make use of the false record or statement to achieve this end.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

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Court

• United States Supreme Court

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