Seventh Circuit: U.S. ex rel. Schutte v. Supervalu

The brief analyzes the False Claims Act’s knowledge standards and argues that the Supreme Court’s interpretation of the term “willingly” under the FCRA in Safeco v. Burr does not impact the analysis of “knowledge” under the False Claims Act because unlike the FCRA, the False Claims Act defines “knowledge” in three legally distinct ways.  The brief also discusses what constitutes “authoritative guidance” warning entities away from their interpretation of an ambiguous regulation. 

Download the Amicus Brief here.