Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss
Posted 01/8/15
By the C|C Whistleblower Lawyer Team
Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information. It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...
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20. 
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