Jack Smith

2 months ago | jdsupra.com | Caroline Donovan |David Lazarus |Anthony D. Mirenda |Jack SMith |Jack Smith

Key Takeaways: The First Circuit joined the Sixth and Eighth Circuits in holding that for a violation of the Anti-Kickback Statute (AKS) to automatically trigger False Claims Act (FCA) liability, the AKS violation must be the “but-for” cause of the submitted claim. Direct FCA liability for AKS violations in the First Circuit will now require proof that the alleged false claims would not have been paid for by the federal government absent the alleged kickback.