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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