Circuit Split Widens Over AKS-Based FCA Causation Element -
The Anti-Kickback Statute (AKS) continues to form the basis of hundreds of millions of dollars of annual recoveries for the government under the federal False Claims Act (FCA). In 2010, Congress amended the AKS to clarify that “a claim that includes items or services resulting from a violation of the AKS constitutes a false or fraudulent claim for purposes of ” the FCA. Courts have recently divided, however, over the question of what standard a plaintiff must meet to demonstrate that claims submitted to the government “result[ed] from” an AKS violation in a manner sufficient to sustain an FCA claim.
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