From my understanding of the opinion, if SPE knowingly failed to disclose a violation of material statutory, regulatory, or contractual requirement then they have made a misrepresentation that render their claims “false or fraudulent”. First we must establish that the implied certification theory is a basis for liability. There are 2 conditions: (1) Claim does not merely request payment, but also makes specific representations about goods/services provided; and (2) the defendants failure to disclose the non-compliance makes those representations misleading half-truths. Next, there would have to be a determination on whether or not the failure to disclose is “material”. The question there is whether or not the government could have been influenced
