Circuit Split Regarding But-For Causation in False Claims Act/Anti-Kickback Act Cases: Are There Two Pathways to Establish FCA Falsity in These Cases or Just One?

Akin – Courts have split regarding whether a 2010 amendment to the Anti-Kickback Statute (AKS), which mandates that a “claim that includes items or services resulting from a violation of [the AKS] constitutes a false or fraudulent claim” under the False Claims Act, means that a plaintiff must establish but-for causation to demonstrate that a violation of the AKS resulted in an FCA violation.