Under the False Claims Act $($FCA$),$ in order to successfully make a claim, all of the following

elements must be alleged in the complaint, except:

A$.$ The person submitting the claim had actual knowledge of its falsity, or acted in reckless

disregard of its falsity

B$.$ The defendant submitted or caused another person to submit a claim for payment to

the federal government

C$.$ The claim was false or fraudulent and$/$or the defendant made or used a false or

fraudulent record or statement to obtain payment of the false claim

D$.$ The complaint is required to contain proof of specific intent to defraud by the defendant

E$.$ All of the above must be alleged in the complaint in order to make a claim