News & Analysis as of

Fraud › Supreme Court of the United States › Mental Health

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Cozen O'Connor

NAAG Attorney General Symposium Recap

Cozen O'Connor on

Between April 7 and 9, 2025, the National Association of Attorneys General held its annual Attorney General Symposium in Nashville, Tennessee. State AGs, attorney general staff, and private sector attendees heard from leaders...more

Alston & Bird

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

Troutman Pepper Locke

Materiality Is the New Condition of Payment: The Implied False Certification Theory After Escobar

Troutman Pepper Locke on

The Supreme Court has made it clear that, even at the pleadings stage, relators (or the government) must plead facts to support materiality with plausibility and particularity. For False Claims Act (FCA) defendants who...more

McAfee & Taft

Supreme Court ruling potentially expands false claims liability for healthcare providers

McAfee & Taft on

In a much-anticipated decision, the U.S. Supreme Court ruled recently that the implied false certification theory may form the basis for liability under the False Claims Act (FCA), resolving a split of among the federal...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Preserves But Significantly Changes “Implied Certification” Theory of False Claims Act Liability

Sheppard Mullin Richter & Hampton LLP on

On June 16, 2016, the Supreme Court issued its opinion (“Op.”) in Universal Health Services v. U.S. ex rel. Escobar (“Escobar”), a case testing the viability and scope of the implied certification theory of False Claims Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

"In Escobar, Supreme Court Upholds False Claims Act’s Implied Certification Theory"

Skadden, Arps, Slate, Meagher & Flom LLP on

On June 16, 2016, the U.S. Supreme Court in Universal Health Services v. United States ex rel. Escobar unanimously upheld the implied certification theory of False Claims Act (FCA) liability. The Court ruled that a party can...more

Mintz - Health Care Viewpoints

The Supreme Court Adopts Broad Scope of False Claims Act Liability

Mintz - Health Care Viewpoints on

A unanimous Supreme Court issued its long-awaited and closely watched decision today on the scope of the False Claims Act (“FCA”), and the Court affirmed the FCA’s long reach. Universal Health Services, Inc. v. United States...more

Morgan Lewis

US Supreme Court Opines on Implied Certification Theory in Escobar

Morgan Lewis on

The Court’s rejection of the condition of payment analysis and adoption of a rigorous materiality standard represents a significant shift in how courts must analyze FCA cases premised on underlying regulatory or contractual...more

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