The U.S. Supreme Court on Monday declined to clarify the level of detail required to satisfy Rule 9 (b) in alleging claims under the False Claims Act when it declined to review the Eleventh Circuit decision in U.S. ex rel. Mastej v. Health Management Associates, Inc., 591 Fed. Appx. 693 (11th Cir. 2014), cert denied, 2015 WL 1289587 (U.S. Jun. 1, 2015, No. 14-1154).
At present, a False Claims Act complaint in the Eleventh Circuit satisfies Rule 9(b) even if it fails to allege the details of the actual submission of a false claim to the government, if the allegations otherwise contain “sufficient indicia of reliability” that a false claim was submitted. Whether a particular complaint contains the “sufficient indicia of reliability” is determined using a “nuanced, case-by-case approach.” The petition for cert noted, seemingly correctly, that some circuits seem to strictly require a pleader to allege the details of at least some example of an alleged false claim to satisfy Rule 9(b), while others do not. The Supreme Court, however, declined to attempt to clarify these seeming conflicting pleading requirements, at least for the time being.
If you are served with a complaint or investigative process such as a subpoena or summons under the False Claims Act, contact an experienced attorney to know the next steps and legal requirements. Contact Chilivis Grubman Dalbey & Warner LLP today online or by telephone at 404-233-4171 in Atlanta to arrange a consultation.