paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no “claim” was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a “claim” for payment under § 3729(a)(1), the false or fraudulent “claim” must be “knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States.” 31 U.S.C. § 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no
holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment holding that presentment is a requirement of the fca holding that the fca includes a materiality requirement recognizing that criminal contempt is not initiated by an indictment or presentment holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment