Takeaways

• In United States ex rel. Anil Kini v. Tata Consultancy Services, the D.C. Circuit affirms the heightened pleading standard under Rule 9(b) of the FRCP applies to FCA reverse false claims, requiring claims to specify the obligation to pay the government and detail the time, place, and content of the alleged fraud.
• Courts will dismiss reverse false claims if plaintiffs do not specify defendants' obligation to pay for purposes of the FCA.
• The decision will help defendants test reverse false claims early in litigation.

• United States ex rel. Anil Kini v. Tata Consultancy Services, Ltd.

Article

The government and relators bringing claims under the False Claims Act (FCA) must meet the heightened pleading standard under Rule 9(b) of the Federal Rules of Civil Procedure. Rule 9(b) requires the party bringing the claim to plead "with particularity" the facts "constituting fraud or mistake." A recent decision from the U.S. Court of Appeals for the D.C. Circuit reaffirmed this standard when applying it to reverse false claims alleging a defendant fraudulently avoided an obligation to pay the government what was owed. United States ex rel. Anil Kini v. Tata Consultancy Services, Ltd., No. 24-7032 (Aug. 8, 2025).

A "reverse false claim" alleges the defendant's actions affected an "obligation" to pay or transmit money or property to the government. The crux of a reverse false claim is whether the defendant owed such an "obligation" and avoided payment.

Background

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