Supreme Court of the United States

Allison Engine Co., Inc. v. United States ex rel. Sanders

June 9, 2008553 U.S. 662

Summary

Justice Alito delivered the unanimous opinion of the Court. The Court held that liability under 31 U.S.C. § 3729(a)(2) requires proof that the defendant intended a false record or statement to be material to the Government’s decision to pay or approve a false claim; merely obtaining payment from government-derived funds is insufficient. The provision does not require presenting the false record or statement directly to the Government. For conspiracy liability under § 3729(a)(3), the conspirators must agree that the false record or statement will materially affect the Government’s payment decision. The Court vacated the Sixth Circuit’s judgment and remanded. There were no separate opinions.

Holding

  • The intent required for liability under § 3729(a)(2).. A plaintiff must prove that the defendant intended the false record or statement to be material to the Government’s decision to pay or approve a false claim. Proof that government funds ultimately paid the claim is insufficient.
  • Whether § 3729(a)(2) requires direct presentment of a false record or statement to the Government.. Section 3729(a)(2) does not require proof that the false record or statement was submitted directly to the Government.
  • The agreement required for conspiracy liability under § 3729(a)(3).. When the alleged conspiracy involves a false record or statement, the conspirators must agree that it will have a material effect on the Government’s decision to pay a false claim. Neither payment by a private entity using government funds nor direct presentment alone defines the required agreement.

Docket 07-214

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