Mikes v. Straus “Particularity” Requirement May Be Dead, But Materiality is Alive and Well Among District Courts in the Second Circuit
A New York district court recently held in United States v. Strock that Escobar’s materiality standard applies, at a minimum, to express false certification and fraudulent inducement FCA theories in addition to the implied false certification theory at issue in Escobar. The court further held that the government failed adequately to plead materiality under Escobar and dismissed the case.
