A recent ruling by the First Circuit Court of Appeals has deepened the divide among circuit courts regarding False Claims Act (FCA) liability based on violations of the Anti-Kickback Statute (AKS).
In United States v. Regeneron Pharmaceuticals, Inc., No. 23-2086, the First Circuit adopted a but-for causation standard. The First Circuit found that to establish False Claims Act liability, the government must show that a claim would not have been submitted but for the AKS violation. This creates a higher burden for the government and whistleblowers to bring claims.
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