23-1127 Wisconsin Bell, Inc. v. U.S. [11/04/24]

The Sidebar: Supreme Court of the United States

This Supreme Court oral argument concerns the application of the False Claims Act (FCA) to the E-rate program, which funds telecommunications services for schools and libraries. The petitioner argues the FCA doesn't apply because the government doesn't directly provide the funds, instead using a private administrator and requiring private carriers to contribute. The respondent counters that the government’s control over the program, including its mandate on contributions and disbursement, constitutes providing the funds, regardless of the intermediary. The justices extensively question both sides regarding the definition of "provides" under the FCA and the implications for damages calculations. A key point of contention centers on whether the government's involvement in collecting and returning $100 million in debts and settlements constitutes providing funds under the FCA.