What constitutes a violation of 31 U.S.C. § 3729(a)(1)?
The basic elements of an (a)(1) claim are: (1) submission of a claim for payment to the Government; (2) a false or fraudulent claim; and (3) “knowing” conduct. No express false statement in the claim itself is required. The presentation of a claim for payment under a Government contract represents compliance with all contract terms, even though the claim itself makes no mention of contract compliance. As such, a violation of (a)(1) occurs when the defendant knowingly fails to comply with contract terms, but still makes a claim for payment.