Southern District of New York Opinion Provides Guidance on Satisfying Scienter Requirement Under False Claims Act

Vikram Kumar

Not every mistake or negligent act gives rise to liability under the False Claims Act. That principle has long been central to the FCA. But the dividing line–  between making a mistake, on the one hand, and “knowingly” or “recklessly” submitting a false claim, on the other–can be murky. In United States ex Rel Kirk v. Schindler Elevator Corp., No. 05-cv-2917, 2015 WL 5296714 (S.D.N.Y....