Court takes “holistic approach” to materiality, rejecting strict focus on the ultimate “payment decision” in significant win for qui tam whistleblowers and the government
Second Circuit rules that relevant government “payment decision” under Escobar included Veterans Administration’s initial decision to award contracts based on claim that contractor qualified as a “service-disabled, veteran-owned small business”—not just the VA’s subsequent decisions to make payments under those contracts
Court says that disputed medical judgments present a triable issue for a jury, creating a Circuit split and paving the way for similar whistleblower claims.
Despite whistleblower claims, federal agency insists it wasn’t defrauded
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