67 F. Supp. 2d 637 - United States v. Intervest Corp.’s Empirical Analysis

Citation profile

3 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the FCA covers only those false statements that are material”

   2 later decisions quote this exact passage · from the majority
   e.g. 370 F. Supp. 2d 18 - US Ex Rel. Ervin and Assoc. v. Hamilton SEC. · 101 F. Supp. 2d 500 - US Ex Rel. Wilkins v. NORTH AMERICAN CONSTRUCT. CORP.

2. “the False Claim Act imposes a materiality requirement”

   2 later decisions quote this exact passage · from the majority
   e.g. 370 F. Supp. 2d 18 - US Ex Rel. Ervin and Assoc. v. Hamilton SEC. · 101 F. Supp. 2d 500 - US Ex Rel. Wilkins v. NORTH AMERICAN CONSTRUCT. CORP.

3. “[ajlthough the word "materiality” appears nowhere in the text of the statute, it is implicitly embedded in all four of the principal liability provisions. Section (a)(1) imposes liability on those who submit "false claims” for "payment or approval” by the Government. As a matter of logic, it cannot be that a claim is "false” if it would have been paid or approved notwithstanding the misconduct alleged to have occurred. Section (a)(2) imposes liability on those who make or use "a false record or statement to get a false or fraudulent claim paid or approved by the Government.” 31 U.S.C. § 3729 (a)(2). If a record or statement were not material to the Government's decision to pay or approve a claim, it could not be used "to get” such a claim paid or approved.... Section (a)(3) is subject to the same analysis, since it imposes liability on those who conspire "by getting” a false or fraudulent claim allowed or paid. Finally, section (a)(7) — the "reverse false claims” provision — also implicitly incorporates a materiality requirement. It imposes liability on those who use false records or statements "to conceal, avoid, or decrease an obligation to pay” the Government.... A false statement cannot be used "to conceal, avoid, or decrease” a financial obligation if it is not material to the Government’s belief as to whether a person owes such an obligation, or to its decision whether to seek payment.”

   1 later decision quote this exact passage · from the majority
   e.g. 95 F. Supp. 2d 629 - United States v. Southland Management Corp., Inc.