context: In Thompson, this court considered the question whether a claim for services rendered in violation of the Medicare anti-kickback statutes necessarily constitutes a false claim. While we noted that a claim is not necessarily "false" simply because it involves a statutory violation, we indicated that a claim is necessarily false when it involves a knowingly false certification of compliance with a statute or regulation and that certification is a prerequisite to payment of the asserted claim.
citation_a.signal: see also
citation_a.identifier: 91 F.3d 1261, 1266
citation_a.parenthetical: recognizing that, while not all breaches of contract or regulatory violations automatically give rise to liability under the FCA, "the false certification of compliance ... creates liability when certification is a prerequisite to obtaining a government benefit"
citation_a.sentence: See Thompson, 125 F.3d at 902 (“[W]here the government has conditioned payment of a claim upon a claimant’s certification of compliance with, for example, a statute or regulation, a claimant submits a false or fraudulent claim when he or she falsely certifies compliance with that statute or regulation.”); see also United States ex rel. Hopper v. Anton, 91 F.3d 1261, 1266 (9th Cir.1996) (recognizing that, while not all breaches of contract or regulatory violations automatically give rise to liability under the FCA, “the false certification of compliance ... creates liability when certification is a prerequisite to obtaining a government benefit”) (emphasis in original). We ultimately remanded Thompson to the district court because we were unable to determine from the record whether the certifications of compliance at issue in that ease were actually prerequisites to the defendant’s entitlement to the funds claimed.
citation_b.signal: see
citation_b.identifier: 125 F.3d 902, 902
citation_b.parenthetical: "[W]here the government has conditioned payment of a claim upon a claimant's certification of compliance with, for example, a statute or regulation, a claimant submits a false or fraudulent claim when he or she falsely certifies compliance with that statute or regulation."
citation_b.sentence: See Thompson, 125 F.3d at 902 (“[W]here the government has conditioned payment of a claim upon a claimant’s certification of compliance with, for example, a statute or regulation, a claimant submits a false or fraudulent claim when he or she falsely certifies compliance with that statute or regulation.”); see also United States ex rel. Hopper v. Anton, 91 F.3d 1261, 1266 (9th Cir.1996) (recognizing that, while not all breaches of contract or regulatory violations automatically give rise to liability under the FCA, “the false certification of compliance ... creates liability when certification is a prerequisite to obtaining a government benefit”) (emphasis in original). We ultimately remanded Thompson to the district court because we were unable to determine from the record whether the certifications of compliance at issue in that ease were actually prerequisites to the defendant’s entitlement to the funds claimed.