In this brief, TAFEF demonstrates through examples from litigated and settled False Claims Act cases that the Government frequently pays claims while on notice of actual noncompliance and payment of those claims is not evidence that the noncompliance did not meet settled standards of materiality that were not altered by U.S. ex rel. Escobar. Rather, the Government has many reasons to continue paying in the face of noncompliance and to later recover those wrongfully induced payments through damages under the False Claims Act.

Download the Amicus Brief here.