What is the definition of “knowing” under the False Claims Act?
In 1986, the FCA was substantially amended to improve and enhance the government’s ability to recover federal funds lost through fraud. One important change was the clarified definition of “knowing” found at ‘ 3729(b). The amended Act now mandates that a person (including any health care provider or contractor) can be held liable if it submits or causes to be submitted1 a false or fraudulent claim or a false statement in support of a claim: a. with actual knowledge that it is false (‘ 3729(b)(1)); b. in deliberate ignorance of the truth or falsity of the information (‘ 3729(b)(2)); c. or in reckless disregard of the truth or falsity of the information (‘ 3729(b)(3)). Moreover, Congress clarified that no proof of specific intent to defraud is required. (‘ 3729(b)(3)). One of the most grievous mistakes counsel unfamiliar with the FCA make is to equate the scienter requirement of the FCA with criminal fraud statutes. Not only does the statute state on its face “no specific intent” is nece
