Michael Podberesky Discusses Circuit Split on FCA’s False Statement Standard

April 16, 2021

In an April 7, 2021, interview with Federal News Network, Washington, D.C., partner Michael Podberesky discussed how federal contractors are impacted by the U.S. Supreme Court’s recent decisions denying two petitions for writs of certiorari, thereby declining to resolve a circuit court split regarding the False Claims Act’s standard for pleading and proving the falsity element.

Because of the conflicting appellate court decisions, healthcare providers and government contractors “need to be vigilant because depending on what jurisdiction you’re in, you could have a varying standard for assessing certification decisions,” Podberesky noted. “Companies should ensure they have a robust compliance function,” he continued, “and part of that compliance function is auditing the certification process to make sure the certifications [pertinent to a claim] are supported by data in the records and are completed in an appropriate manner.”

Podberesky and McGuireWoods’ Todd Steggerda, David Pivnick, John Moran, Lawrence Cameron, Brandi Howard and Jason Vespoli addressed this topic in a March 8, 2021, post on the firm’s Subject to Inquiry blog titled “U.S. Supreme Court Declines to Clarify False Claims Act Falsity Standard.”