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What constitutes a violation of 31 U.S.C. § 3729(a)(1)?

The basic elements of an (a)(1) claim are:

(1) submission of a claim for payment to the Government;

(2) a false or fraudulent claim; and

(3) “knowing” conduct.

No express false statement in the claim itself is required. The presentation of a claim for payment under a Government contract represents compliance with all contract terms, even though the claim itself makes no mention of contract compliance.  As such, a violation of (a)(1) occurs when the defendant knowingly fails to comply with contract terms, but still makes a claim for payment.

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