This part of the False Claims Act, 31 U.S.C. § 3729(a)(2), imposes liability upon anyone who knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government.”  Unlike § 3729(a)(1), which can be violated even though no false statement is made on the claim submitted to the Government for payment, an affirmative false statement or record is necessary under (a)(2). A violation of 31 U.S.C. § 3729 (a)(2) exists where  false underlying test report results are referred to in a claim, but not delivered to the Government.  A false progress report made to obtain payment is a false statement under the False Claims Act. (See, United States ex rel. Schwedt v. Planning Research Corp., 59 F.3d 196, 199 (D.C. Cir. 1995).)

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