Whether the False Claims Act's statutory civil penalty must be limited to a single-digit multiplier of actual damages under the Eighth Amendment's Excessive Fines Clause in a non-intervened qui tam action

question presented is: 1. Whether the FCA’s statutory civil penalty must be limited to a single-digit multiplier of the actual damages under the Eighth Amendment, in a non-intervened qui tam action? (No.). As to liability, the FCA makes it unlawful to, inter alia, knowingly present “false or fraudulent” claims for payment. 31 U.S.C. § 3729(a)(1)(A), (B). This Court recently reviewed the FCA’s scienter requirement, suggesting the “false or fraudulent” language creates alternatives, with a nod to common law fraud principles. United States ex rel. Schutte v. SuperValu Inc., 598 U.S. 739, 750 (2023). The District Court did not have the benefit of Schutte at the time of its trial order, though its sentiment was argued below. Accordingly, the second question presented is: ii 2. Whether the FCA’s “false or fraudulent” language provides two distinct manners of establishing liability, such that a finding of fraudulent claim submissions obviates a finding of falsity? (Yes.).