The government intervened in a qui tam action, alleging that a software company paid illegal kickbacks to resellers of its products and services. The company argued that the government did not sufficiently allege the facts of the case, for it did not provide details of every single alleged kickback payment. In U.S. ex rel. Rille v. Sun Microsystems, Inc., 2010 WL 3307510 (E.D. Ark. Aug. 18, 2010), the court ruled that the government had sufficiently pled the allegations, for when a systemic practice of fraud is alleged in this circuit, the complaint only needs to include “some” representative examples.
While some courts do not even require “examples” of the underlying false claims, this evidence is important corroboration for a relator’s fraud allegations. Moreover, in some circuits, these false statements or claims are a basic requirement for gaining entrance into the courthouse.
For more information about qui tam law and health care fraud, contact Nolan & Auerbach, P.A.