Supreme Court Clarifies "Claim" Definition Under False Claims Act

In Wisconsin Bell, Inc. v. United States ex rel. Heath, the Supreme Court clarified the definition of "claim" under the FCA. The case resolves a split between the Fifth and Seventh Circuits on whether a request for reimbursement under the E-Rate subsidies program meets the statutory definition of a "claim."

The Court answered that question "yes" on the narrow ground that because the government directly contributed some funds to the program, a request to the program is a "claim" within the meaning of the FCA—which says that a request for money qualifies as a claim if the government "provides or has provided any portion of the money . . . requested." §3729(b)(2)(A)(ii)(I). "Follow the money," Justice Kagan said in her unanimous opinion.