Whether the public disclosure bar of the False Claims Act requires an express allegation of fraud

The public disclosure bar of the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., forecloses a qui tam FCA action or claim if “substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed.” 31 U.S.C. § 3730(e)(4)(A). Ten circuits—the First, Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh, and D.C. Circuits—apply the statute as written and hold that the public disclosure bar is triggered if the disclosure identifies substantially the same transactions as the ones at issue in the FCA suit. But two circuits—the Seventh and Eighth Circuits—require the disclosure to additionally contain an express allegation of fraud. The question presented is: Whether the public disclosure bar requires an express allegation of fraud.