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Subjective Standard Fair Credit Reporting Act (FCRA)

Fox Rothschild LLP

FCA 101: Knowledge

Fox Rothschild LLP on

In this blog post, we will explore the knowledge element. Despite being a fraud statute, the FCA does not require specific intent to defraud the government to impose liability. Instead, the FCA defines culpable “knowing,”...more

Morgan Lewis

In Key FCA Scienter Opinion, US Supreme Court Turns Focus on Subjective Intent

Morgan Lewis on

The United States Supreme Court held on June 1 that the False Claims Act’s (FCA) scienter element requires analysis of the defendant’s subjective intent at the time of the alleged false claim, and that a defendant can be...more

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