The key issue to look for in this case is how you can violate the False Claims Act by just keeping quiet.
What is the fraudulent act by Defendant that is at issue in this case?
Who made the mistake?
How much time passed between Defendant finding out there was an overpayment and the first written inquiry to Blue Cross?
When was the qui tam suit filed?
What is the necessary state of mind for a violation of the False Claims Act?
What facts did the US use to dispute relator's claim that Defendant acted improperly?
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