Which statement about the 'knowing' standard under the False Claims Act is true?

Which statement about the 'knowing' standard under the False Claims Act is true?

• A. Knowing includes actual knowledge, deliberate ignorance, and reckless disregard.
• B. Knowing means only actual knowledge.
• C. Knowing applies to all claims regardless of intent.
• D. Knowing requires proof of intent to defraud.

Answer: (A)

The concept tested is the mental-state standard for “knowingly” under the False Claims Act. Under this standard, knowing can be shown in three ways: actual knowledge that the claim is false, deliberate ignorance of the truth or falsity, or reckless disregard for whether the claim is true or false. This means someone doesn’t have to intend to defraud to be liable; they can knowingly submit a false claim, or do so with a reckless disregard or deliberate avoidance of the truth. It’s not limited to actual knowledge alone, and it isn’t applied to all claims regardless of intent.

The concept tested is the mental-state standard for “knowingly” under the False Claims Act. Under this standard, knowing can be shown in three ways: actual knowledge that the claim is false, deliberate ignorance of the truth or falsity, or reckless disregard for whether the claim is true or false. This means someone doesn’t have to intend to defraud to be liable; they can knowingly submit a false claim, or do so with a reckless disregard or deliberate avoidance of the truth. It’s not limited to actual knowledge alone, and it isn’t applied to all claims regardless of intent.