Jenner & Block

U.S. v. SAIC: Collective Knowledge Theory And The False Claims Acts," Washington Legal Foundation

Jenner & Block Partner Jessie K. Liu wrote an article titled “U.S. v. SAIC: Collective Knowledge Theory And The False Claims Acts” in the June 17, 2011 edition of Washington Legal Foundation. Ms. Liu examines the implications of United States v. Science Applications International Corp, the False Claims Act decision in which the U.S. Court of Appeals for the District of Columbia Circuit rejected a broad reading of collective intent in the False Claims Act context. In 2010, Ms. Liu co-authored an amicus brief arguing that the government should not have the authority to prove a government contractor’s knowledge of a false claim by piecing together innocent knowledge held by various corporate employees. In the article, she argues that the “SAIC case thus reaffirms that in order for a corporation to be held liable for submitting a false claim, at least one employee must have known of (or recklessly disregarded or been deliberately ignorant of) the falsity of that claim.”

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