U.S., ex rel. Schutte v. SuperValu Inc. (21-1326) & U.S., ex rel. Proctor v. Safeway, Inc. (22-111)

The False Claims Act protects government programs from fraud by, inter alia, imposing civil liability on anybody who knowingly presents false claims for payment to the government or makes false statements that are material to such claims. 31 U.S.C. § 3729(a). The statute defines "knowingly" to include acting with: (1) actual knowledge; (2) deliberate ignorance; or (3) reckless disregard of the falsity of information. See id. § 3729(b)(l)(A). The question presented is: Whether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it "knowingly" violated the False Claims Act. CONSOLIDATED WITH 22-111 FOR ONE HOUR ORAL ARGUMENT. This case presents the same question as No. 21-1326, United States ex rel. Schutte v. SuperValu Inc. It also arises from the same court of appeals. The Court may wish to consider the two petitions together. The question presented is: Whether and when a defendant's contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it "knowingly" violated the False Claims Act. CONSOLIDATED WITH 21-1326 FOR ONE HOUR ORAL ARGUMENT