Supreme Court Declines to Provide Guidance on FCA Pleading Requirements

On October 1, 2018, the U.S. Supreme Court denied a petition for a writ of certiorari asking the Court to weigh in on just how precisely a whistleblower must plead the submission of a false claim. Since the False Claims Act prohibits the knowing submission of false claims to the government, the question courts have struggled with is whether the “who, what, when, where, and how” requirements of fraud pleading extend to facts alleged in support of the nexus between fraudulent schemes and presentment of claims. For the time being, lower courts are left to continue to grapple with this issue without Supreme Court input.

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