Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.
Argument: This case presents a critically important and recurring question of FCA scienter that warrants this Court's immediate review. The Fifth Circuit's FCA scienter ruling conflicts with decisions from other circuits and departs from numerous other relevant authorities. The Fifth Circuit's finding that an employee's knowledge of a scheme was sufficient to prove scienter conflicts with established precedent. The Fifth Circuit's FCA scienter ruling is wrong and conflicts with the FCA's text and structure.