Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

Bradley – It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an actual false claim for payment being made to the government.” To do so, a relator may either allege details of specific false claims or direct knowledge based on the relator’s own experiences and on information gathered in the course of their employment.