There Are No ‘Magic Words’: 10th Circuit Sets Standard for Notice Under False Claims Act
“Mr. Barrick’s activity does not need to lead to a viable qui tam claim,” stated Judge Paul J. Kelly Jr. in his written opinion for the court. “To the extent PMI implies Mr. Barrick needed to say magic words, such as ‘FCA violation’ or ‘fraudulent report to the government to avoid payment,’ to put PMI on notice, this is contrary to the text of the FCA which protects ‘other efforts’ to stop violations.”
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