Materiality and Implied False Certification: Split Circuit Decisions and the Impact of Escobar on Pending and Future False Claims Cases

Washington, D.C., partner Jesse Witten spoke on a panel at the American Conference Institute’s Advanced Forum on False Claims Act and Qui Tam Enforcement, on January 29, 2018, in New York. Appearing on the panel with Jesse were an attorney who represents relators and an Assistant Attorney General from the Office of the Attorney General for New York.

The panel, titled “Materiality and Implied False Certification: Split Circuit Decisions and the Impact of Escobar on Pending and Future False Claims Cases” examined and debated the meaning and impact of the Supreme Court’s important decision in United States ex rel. Escobar v. Universal Health Services. Jesse discussed how the lower courts have applied the Escobar holding that False Claims Act liability requires that the falsity in a false claim be material to the government’s payment decision, as well as how lower courts have interpreted the implied certification theory of liability that the Supreme Court adopted in Escobar.

Learn more about the Advanced Forum on False Claims Act and Qui Tam Enforcement.