Practical Debate of How Materiality will be Assessed in Cases Going Forward

January 30, 2017 12:15pm

Jay Speers
Counsel to Medicaid Fraud Control Unit
Office of the Attorney General, State of New York (New York, NY)

Pierre Armand
Co-Chief, Civil Frauds Unit
US Attorney's Office, Southern District of New York (New York, NY)

Marcia Madsen
Mayer Brown LLP (Washington, DC)

Maryann Surrick
Associate General Counsel, Litigation & Compliance
Lockheed Martin Corporation (Washington, DC)

  • What the Defense can take away from the renewed emphasis on materiality requirement in Escobar?
  • Government Prosecutors’ view on what is ‘material’?
  • To what extent does the heightened materiality requirement open the door to discovery against the Government?
  • Wider application of new standards of materiality: to what extent is it limited to implied false certification
  • How states will follow and adopt this standard of materiality