Universal Health Services v. United States ex rel. Escobar

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 01/26/2016

Documents

Universal Health Services v. United States ex rel. Escobar

United States Supreme Court; Case No. 15-7

Prior Decision

Decision below 780 F.3d 504 (1st Cir. Mar. 17, 2015).

Argument(s)

Courts applying the "Implied Certification" theory to impose liability under the FCA erroneously construe the statute’s text, purpose, and legislative history. Under the FCA, any nondisclosure can only be invoked if there is an independent legal duty to disclose contractual, regulatory, or statutory noncompliance. "Implied Certification," without proper constraints, is a misnomer; those who contract with the government do not have an independent duty to disclose their contractual, regulatory, or statutory noncompliance. The relationship between private contractors and government program participants does not impose any disclosure duty. The FCA does not create a duty on the part of private contractors or government program participants to disclose noncompliance. Any independent duty to disclose that might be deemed to exist for FCA purposes is limited to those instances where compliance is expressly required as a precondition to payment.

Author(s)

James C. Martin, Colin E. Wrabley, M. Patrick Yingling, and Douglas C. Allen, Reed Smith LLP, Pittsburgh, PA; Andrew C. Bernasconi, Reed Smith LLP, Washington, DC; Jeffrey T. Green, NACDL, Washington, DC.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free