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On February 26, 2008 the Supreme Court heard oral argument on a case involving the issue of presentment under the False Claims Act: Allison Engine Co. v. the United States. The case poses the following question: Whether a plaintiff asserting a cause of action under Section 3729(a)(2) or Section 3729(a)(3) of the False Claims Act is required to prove that a false claim was submitted to the federal government, or whether it is sufficient to establish that the claim was paid using federal funds. Mayer Brown’s Marcia Madsen discusses the case.
Oral Argument - February 26, 2008: