Third Circuit: U.S. ex rel. Anthony Spay v. CVS Caremark Corp. et al
Government knowledge is not a defense to the FCA. Doctrines invoking “government knowledge,” while perhaps convenient shorthand, only perpetuate focus on the wrong question. The relevant question is whether a defendant knowingly submitted materially false or fraudulent claims for payment. No extra statutory doctrine is necessary to evaluate whether those element have been met in a particular case.