context: It is difficult, on summary judgment, to draw a conclusive inference from this history. On the one hand, USAID's termination of the Project may have been a hasty overreaction to a violation of a relatively minor provision; on the other hand, USAID's attempts to continue the Project with a change of personnel might simply mean that USAID decided that its first priority would be to salvage some of the work to reform the Russian economy, and then deal with its miscreant grantee later.
citation_a.signal: cf.
citation_a.identifier: 111 F.3d 934, 939
citation_a.parenthetical: the question of what constitutes an FCA claim turns on what defendant did, "not on how the government chooses to process the claim," because the "gravamen of these cases is that the focus is on the conduct of the defendant"
citation_a.sentence: See Harrison, 352 F.3d at 915-17 (rejecting argument that, because government continued to fund contractor after discovering false claims, their falsity cannot have been material); Rule Indus., 878 F.2d at 537 (finding defendant liable under FCA for violating Buy America Act certification even though government kept and was satisfied with product supplied); cf. United States v. Krizek, 111 F.3d 934, 939 (D.C.Cir.1997) (the question of what constitutes an FCA claim turns on what defendant did, “not on how the government chooses to process the claim,” because the “gravamen of these cases is that the focus is on the conduct of the defendant”).
citation_b.signal: see
citation_b.identifier: 878 F.2d 537, 537
citation_b.parenthetical: finding defendant liable under FCA for violating Buy America Act certification even though government kept and was satisfied with product supplied
citation_b.sentence: See Harrison, 352 F.3d at 915-17 (rejecting argument that, because government continued to fund contractor after discovering false claims, their falsity cannot have been material); Rule Indus., 878 F.2d at 537 (finding defendant liable under FCA for violating Buy America Act certification even though government kept and was satisfied with product supplied); cf. United States v. Krizek, 111 F.3d 934, 939 (D.C.Cir.1997) (the question of what constitutes an FCA claim turns on what defendant did, “not on how the government chooses to process the claim,” because the “gravamen of these cases is that the focus is on the conduct of the defendant”).