Whistleblowers Say Safeway, SuperValu Knew Charges Were False

The US Supreme Court should reinstate two False Claims Act suits alleging that SuperValu Inc. and Safeway Inc. overcharged Medicaid and Medicare for prescription drugs because the companies believed they were improperly seeking reimbursement when they submitted claims, whistleblowers say.

The difference between a lie and a mistake concerns what the person speaking believed at the time—a person who speaks falsely and believes the content is false is lying, according to the whistleblowers’ opening brief filed Feb. 17 with the court.

A misrepresentation made without belief in its truth is fraudulent, they said.

Ample evidence would allow a reasonable jury ...