The D.C. Circuit and the Tenth Circuit recently joined several other
circuits, including the Fifth,
Sixth, and Eighth, in holding that liability for reverse false claims cannot be
based on contingent obligations to pay the government (meaning obligations to
pay that may arise after future discretionary actions), reaffirming that when
Congress amended the FCA in 2009 to define the term “obligation,” it intended
that liability would result for reverse false claims only where there are
failures to pay specific, definite obligations owed to the government.