Seven years ago, Escobar began altering the trajectory of how government agencies’ continued payment to FCA defendants impacts materiality. Since then, lower courts have varied in their approaches to the issue: one court described continued government payment as a permissible way for the government to keep “offering the carrot before wielding the stick,” while another said it is a “steadily tightening bind that at some point becomes disabling,” a “burden, growing incrementally more formidable each day” until it becomes “insurmountable.” This panel discussion will explore when and how the issue of continued government payment arises in FCA cases, how courts have analyzed and ruled on the issue since Escobar, and how continued government payment can impact the way parties investigate and litigate FCA cases.
- Lon Leavitt, U.S. Attorney’s Office, District of Arizona (Moderator)
- Sara McLean, U.S. Department of Justice
- Lisa M. Noller, Foley & Lardner
- Gerald C. Robinson, Nichols Kaster
To register for this event, click here. Membership is not required to attend.