Robert Blaisdell

1 month ago | jdsupra.com | Robert Blaisdell |Brian Flood |Taylor White

As of February 18, 2025, the First Circuit Court of Appeals requires the government to prove “but-for” causation in Anti-Kickback Statute (AKS)-based False Claims Act (FCA) cases. The court reasoned in United States v. Regeneron Pharmaceuticals that the 2010 AKS amendment—which declares any claim for government payment “resulting from” an AKS violation as automatically false or fraudulent under the FCA—requires the government to prove the strict “but-for” causation standard.