Eighth Circuit Issues Significant Decision in False Claims Act Case Predicated Upon Alleged Kickbacks

• August 19, 2022

• Scott R. Grubman , Chilivis Grubman

Over the last decade, violations of the Anti-Kickback Statute (AKS)[1] have served as the predicate to some of the largest settlements and judgments under the False Claims Act (FCA).[2] This is because, since a 2010 amendment to the AKS, the AKS itself has provided that a claim that includes items or services “resulting from a violation” of the AKS are considered false or fraudulent for purposes of the FCA.[3]  This has led to what many practitioners refer to as the “tainted claim” theory of liability: if an FCA plaintiff can show that a claim was tainted by a violation of the AKS, then that claim is typically considered a false or fraudulent claim for purposes of the FCA without much (if any) further analysis.

ARTICLE TAGS

• Fraud and Compliance