Schutte can be taken to suggest that potential FCA defendants may want to proactively seek agency clarification where rules or guidance are unclear. As Schutte acknowledges, a finding of scienter under the FCA only requires that the defendant have reckless disregard for the truth or falsity of their claims.
Liability in FCA suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the Supreme Court has held in a unanimous decision authored by Justice Clarence Thomas.
On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor.
Thanks to the communities’ support, Portland’s J. Edward Knight has officially awarded a $10,000 donation to Special Olympics Maine Unified Champion Club, a local organization dedicated to promoting social inclusion through shared sports training.
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