United States v. Southern Maryland Home Health Services, Inc.

MEMORANDUM OPINION AND ORDER

SMALKIN, District Judge.

The Court is called upon to decide an issue of first impression in this Circuit, viz., whether a corporate employer is vicariously liable as a matter of law under the False Claims Act (“FCA”) as a result of the misdeeds of a low-level employee who, acting within the scope of her employment, caused false claims to be filed with the Government without the knowledge or consent of her employer. Under the facts of this case, the Court answers that question in the negative, and holds that liability will attach only if some degree of culpability,…