Yes. The Supreme Court's decision in United States v.
Bornstein, 423 U.S. 303, 305 (1976), established conclusively that
prime contractors cannot avoid False Claims Act liability where
subcontractors cause them to make false statements or claims to
the Government. The “prime contractor is responsible for assuring
that all the work required by the entire contract is furnished,
and cannot be relieved of this responsibility by subcontracting
part of the work.”
The False Claims Act permits recovery against a subcontractor
who causes a prime contractor to submit false claims to the
Government.
Where a contractor is innocent, but its subcontractor is not,
both are liable. This protects the Government financially
when a subcontractor's assets are modest and protects the
Government where prime contractors do not adequately select nor
monitor their subcontractors' performance.
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