The False Claims Act, 31 U.S.C. § 3729, et seq. is the federal government’s primary and most effective tool for fighting fraud. This post provides an overview of the elements that plaintiffs must satisfy to establish liability under the False Claims Act and common defenses related to the elements.

Although the False Claims Act creates liability for seven types of conduct, most False Claims Act cases involve allegations that the defendant knowingly submitted or caused another to submit a false or fraudulent claim for payment to the government. § 3729(a)(1)(A). To establish this type of False Claims Act violation, the plaintiff must show the following:

1. A false claim.
2. The false claim was made with the requisite scienter (or knowledge that it was false).
3. The false claim is material to payment.
4. The false claim caused the government to pay money.

These four elements are discussed in further detail below.

Falsity

Claims may trigger False Claims Act liability if they are factually false or legally false. Factually false claims involve billing for goods or services that are incorrectly described or were not provided at all. Legal falsity, on the other hand, is not predicated on the accuracy of the claim itself, and indeed, legally false claims may be factually accurate. Instead, a claim is legally false if it is predicated upon a false representation of compliance with a material statutory, regulatory, or contractual term.

Because the False Claims Act does not define the terms “...

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