Washington, D.C. partner Jesse Witten was quoted in a Bloomberg BNA article titled, “Arguments in FCA Case Sets Up Potentially Big High Court Decision.” The article discussed United States ex rel. Escobar v. Universal Health case in which whistle-blowers and the government are arguing in favor of an “implied false certification” theory of False Claims Act liability. The case, which the article describes as one of the most substantive False Claims Act cases since the 1970s, will be argued before the U.S. Supreme Court on April 19.
Jesse said that the justices “will be concerned” that the implied certification theory “injects so much uncertainty” into the FCA. He said that the potential uncertainty that implied false certification brings to FCA enforcement was “an issue that should be a concern to all of the justices across the ideological spectrum.”