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ANALYSIS-
Discovery, in the law of the United States and other countries, is a pre-trial procedure in
a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the
other party or parties by means of discovery devices such as a request for answers to
interrogatories, request for production of ...

Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in
which each party, through the law of civil procedure, can obtain evidence from the other party or
parties by means of discovery devices such as a request for answers to interrogatories, request for
production of documents, request for admissions and depositions. Discovery can be obtained from
non-parties using subpoenas. When a discovery request is objected to, the requesting party may
seek the assistance of the court by filing a motion to compel discovery.

disclosure
Definitions (6)
Related Terms
1. Accounting: Statutory or good faith revelation of a material fact (or an item of information that is
not generally known) on a financial statement or in the accompanying notes (footnotes)

Read more: http://www.businessdictionary.com/definition/disclosure.html

What is MATERIAL FACT?


Crucial to the interpretation of a phenomenon or a subject matter, or to
the determination of an issue at hand this is a specific type of confirmed or validated
event, item of information, or state of affairs.

Law Dictionary: What is MATERIAL FACT? definition of MATERIAL FACT (Black's


Law Dictionary)
MATERIAL FACT

A material fact is a fact that would be to a reasonable person germane to the decision to be made
as distinguished from an insignificant, trivial or unimportant detail. [1] In other words, it is a fact which
expression (concealment) would reasonably result in a different decision.
Falsification of a material fact in such a manner that, had the insurance company known the truth, it
would not have insured the risk. Misrepresentation of a material fact gives an insurance company
grounds to rescind a contract.[2]
If material facts about the investment property lying in a floodplain had been communicated to the
buyer, he would not have bought.[2]

Confirmed or validated event, item of information, or state of affairs crucial to the interpretation of a
phenomenon or a subject matter, or to the determination of an issue at hand.

Read more: http://www.businessdictionary.com/definition/material-fact.html

http://www.lectlaw.com/def2/m021.htm

MATERIAL FACT
A fact that would be important to a reasonable person in deciding whether to
engage or not to engage in a particular transaction; an important fact as
distinguished from some unimportant or trivial detail.

The word "material" means that the subject matter of the


statement [or concealment] related to a fact or circumstance
which would be important to the decision to be made as
distinguished from an insignificant, trivial or unimportant
detail. (e.g. re: insurance fraud
To be material, an assertion [or concealment] must relate to a fact or
circumstance that would affect the liability of an insurer (if made during an
investigation of the loss), or would affect the decision to issue the policy, or
the amount of coverage or the premium (if made in the application for the
policy).

A material fact is one which might affect the outcome of the case under
governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
To preclude summary judgment, the dispute about a material fact must also
be "genuine," such that a reasonable jury could find in favor of the non-
moving party. Id.

MATERIALITY
That which is important; that which is not merely of form but of substance.
When a bill-an written assertion of competent regard for either stioulate-d
anyone-s idea of so called: discovery-- has either been defiled or filed, for
example, the defendant must answer every material fact which is charged in
the bill, and the test in these cases seems to be that when, if the defendant
should answer in the affirmative, his answer would be of use to the plaintiff,
the answer would be material, and it must be made. In order to convict a
witness of a perjury, it is requisite to prove that the matter he swore to was
material to the question then depending.

Interrogatory
In a civil action, an interrogatory is a list of questions one party sends to
another as part of the discovery process. The recipient must answer the
questions under oath and according to the case's schedule. Because
attorneys may help their clients answer interrogatories, interrogatory
responses tend to be more finely crafted than answers
to deposition questions. The number of questions included in an
interrogatory is usually limited by court rule. For example, under the Federal
Rules of Civil Procedure, each party may only ask each other party 25
questions via interrogatory unless the court gives permission to ask more.
See Rule 33.

interrogatories
n. a set of written questions to a party to a lawsuit asked by the
opposing party as part of the pre-trial discovery process. These
questions must be answered in writing under oath or under penalty
of perjury within a specified time (such as 30 days). Several states
ask basic "form" interrogatories on a printed form, with an
allowance for "supplemental" interrogatories specifically relevant to
the lawsuit. Normal practice is for the lawyers to prepare the
questions and for the answering party to have help from his/her/its
attorney in understanding the meaning (sometimes hidden) of the
questions and to avoid wording in his/her answers which could be
interpreted against the party answering. Objections as to relevancy
or clarity may be raised either at the time the interrogatories are
answered or when they are used in trial. Most states limit the
number of interrogatories that may be asked without the court's
permission to keep the questions from being a means of oppression
rather than a source of information. While useful in getting basic
information, they are much easier to ask than answer and are often
intentionally burdensome. In addition the parties may request
depositions (pre-trial questioning in front of a court reporter) or
send "requests for admissions" which must be answered in writing

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o stipulate indeed-who will argue-

A MATERIAL FACT IS A RELEVANT-IN ANY STIPULATED EITHER ANY


CAUSE OF ACTION--CLAIM-COURT

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CAN MEAN DEATH SENTENCE_

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1. U.S. Code Title 42 Chapter 7 Subchapter XI Part A 1320a7b

42 U.S. Code 1320a7b - Criminal penalties for


acts involving Federal health care programs
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
US Code
Notes
prev | next
(a) Making or causing to be made false statements or representations
Whoever
(1) knowingly and willfully makes or causes to be made any false statement or
representation of a material fact in any application for any benefit or payment under a
Federal health care program (as defined in subsection (f) of this section),
(2) at any time knowingly and willfully makes or causes to be made any false statement or
representation of a material fact for use in determining rights to such benefit or payment,
(3) having knowledge of the occurrence of any event affecting
(A) his initial or continued right to any such benefit or payment, or
(B) the initial or continued right to any such benefit or payment of any other individual in
whose behalf he has applied for or is receiving such benefit or payment, conceals or fails to
disclose such event with an intent fraudulently to secure such benefit or payment either in a
greater amount or quantity than is due or when no such benefit or payment is authorized,
(4) having made application to receive any such benefit or payment for the use and benefit
of another and having received it, knowingly and willfully converts such benefit or payment
or any part thereof to a use other than for the use and benefit of such other person,
(5) presents or causes to be presented a claim for a physicians service for which payment
may be made under a Federal health care program and knows that the individual who
furnished the service was not licensed as a physician, or
(6) for a fee knowingly and willfully counsels or assists an individual to dispose of assets
(including by any transfer in trust) in order for the individual to become eligible for medical
assistance under a State plan under subchapter XIX of this chapter, if disposing of the
assets results in the imposition of a period of ineligibility for such assistance under
section 1396p (c) of this title,
shall
(i) in the case of such a statement, representation, concealment, failure, or conversion by
any person in connection with the furnishing (by that person) of items or services for which
payment is or may be made under the program, be guilty of a felony and upon conviction
thereof fined not more than $25,000 or imprisoned for not more than five years or both, or
(ii) in the case of such a statement, representation, concealment, failure, conversion, or
provision of counsel or assistance by any other person, be guilty of a misdemeanor and
upon conviction thereof fined not more than $10,000 or imprisoned for not more than one
year, or both. In addition, in any case where an individual who is otherwise eligible for
assistance under a Federal health care program is convicted of an offense under the
preceding provisions of this subsection, the administrator of such program may at its option
(notwithstanding any other provision of such program) limit, restrict, or suspend the
eligibility of that individual for such period (not exceeding one year) as it deems
appropriate; but the imposition of a limitation, restriction, or suspension with respect to the
eligibility of any individual under this sentence shall not affect the eligibility of any other
person for assistance under the plan, regardless of the relationship between that individual
and such other person.
(b) Illegal remunerations
(1) Whoever knowingly and willfully solicits or receives any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind
(A) in return for referring an individual to a person for the furnishing or arranging for the
furnishing of any item or service for which payment may be made in whole or in part under
a Federal health care program, or
(B) in return for purchasing, leasing, ordering, or arranging for or recommending
purchasing, leasing, or ordering any good, facility, service, or item for which payment may
be made in whole or in part under a Federal health care program,
shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000
or imprisoned for not more than five years, or both.
(2) Whoever knowingly and willfully offers or pays any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any
person to induce such person
(A) to refer an individual to a person for the furnishing or arranging for the furnishing of
any item or service for which payment may be made in whole or in part under a Federal
health care program, or
(B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
any good, facility, service, or item for which payment may be made in whole or in part
under a Federal health care program,
shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000
or imprisoned for not more than five years, or both.
(3) Paragraphs (1) and (2) shall not apply to
(A) a discount or other reduction in price obtained by a provider of services or other entity
under a Federal health care program if the reduction in price is properly disclosed and
appropriately reflected in the costs claimed or charges made by the provider or entity under
a Federal health care program;
(B) any amount paid by an employer to an employee (who has a bona fide employment
relationship with such employer) for employment in the provision of covered items or
services;
(C) any amount paid by a vendor of goods or services to a person authorized to act as a
purchasing agent for a group of individuals or entities who are furnishing services
reimbursed under a Federal health care program if
(i) the person has a written contract, with each such individual or entity, which specifies the
amount to be paid the person, which amount may be a fixed amount or a fixed percentage
of the value of the purchases made by each such individual or entity under the contract, and
(ii) in the case of an entity that is a provider of services (as defined in section 1395x (u) of
this title), the person discloses (in such form and manner as the Secretary requires) to the
entity and, upon request, to the Secretary the amount received from each such vendor with
respect to purchases made by or on behalf of the entity;
(D) a waiver of any coinsurance under part B of subchapter XVIII of this chapter by a
Federally qualified health care center with respect to an individual who qualifies for
subsidized services under a provision of the Public Health Service Act [42 U.S.C. 201 et
seq.];
(E) any payment practice specified by the Secretary in regulations promulgated pursuant to
section 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987 or in
regulations under section 1395w104 (e)(6) [1] of this title;
(F) any remuneration between an organization and an individual or entity providing items
or services, or a combination thereof, pursuant to a written agreement between the
organization and the individual or entity if the organization is an eligible organization under
section 1395mm of this title or if the written agreement, through a risk-sharing
arrangement, places the individual or entity at substantial financial risk for the cost or
utilization of the items or services, or a combination thereof, which the individual or entity is
obligated to provide;
(G) the waiver or reduction by pharmacies (including pharmacies of the Indian Health
Service, Indian tribes, tribal organizations, and urban Indian organizations) of any cost-
sharing imposed under part D of subchapter XVIII of this chapter, if the conditions
described in clauses (i) through (iii) of section 1320a7a (i)(6)(A) of this title are met with
respect to the waiver or reduction (except that, in the case of such a waiver or reduction on
behalf of a subsidy eligible individual (as defined in section 1395w114 (a)(3) of this title),
section 1320a7a (i)(6)(A) of this title shall be applied without regard to clauses (ii) and (iii)
of that section);
(H) any remuneration between a federally qualified health center (or an entity controlled by
such a health center) and an MA organization pursuant to a written agreement described in
section 1395w23 (a)(4) of this title;
(I) any remuneration between a health center entity described under clause (i) or (ii) of
section 1396d (l)(2)(B) of this title and any individual or entity providing goods, items,
services, donations, loans, or a combination thereof, to such health center entity pursuant
to a contract, lease, grant, loan, or other agreement, if such agreement contributes to the
ability of the health center entity to maintain or increase the availability, or enhance the
quality, of services provided to a medically underserved population served by the health
center entity; and
(J) a discount in the price of an applicable drug (as defined in paragraph (2) of
section 1395w114a (g) of this title) of a manufacturer that is furnished to an applicable
beneficiary (as defined in paragraph (1) of such section) under the Medicare coverage gap
discount program under section 1395w114a of this title.
(c) False statements or representations with respect to condition or operation of
institutions
Whoever knowingly and willfully makes or causes to be made, or induces or seeks to induce
the making of, any false statement or representation of a material fact with respect to the
conditions or operation of any institution, facility, or entity in order that such institution,
facility, or entity may qualify (either upon initial certification or upon recertification) as a
hospital, critical access hospital, skilled nursing facility, nursing facility, intermediate care
facility for the mentally retarded, home health agency, or other entity (including an eligible
organization under section 1395mm (b) of this title) for which certification is required under
subchapter XVIII of this chapter or a State health care program (as defined in
section 1320a7 (h) of this title), or with respect to information required to be provided
under section 1320a3a of this title, shall be guilty of a felony and upon conviction thereof
shall be fined not more than $25,000 or imprisoned for not more than five years, or both.
(d) Illegal patient admittance and retention practices
Whoever knowingly and willfully
(1) charges, for any service provided to a patient under a State plan approved under
subchapter XIX of this chapter, money or other consideration at a rate in excess of the rates
established by the State (or, in the case of services provided to an individual enrolled with a
medicaid managed care organization under subchapter XIX of this chapter under a contract
under section 1396b (m) of this title or under a contractual, referral, or other arrangement
under such contract, at a rate in excess of the rate permitted under such contract), or
(2) charges, solicits, accepts, or receives, in addition to any amount otherwise required to
be paid under a State plan approved under subchapter XIX of this chapter, any gift, money,
donation, or other consideration (other than a charitable, religious, or philanthropic
contribution from an organization or from a person unrelated to the patient)
(A) as a precondition of admitting a patient to a hospital, nursing facility, or intermediate
care facility for the mentally retarded, or
(B) as a requirement for the patients continued stay in such a facility,
when the cost of the services provided therein to the patient is paid for (in whole or in part)
under the State plan,
shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000
or imprisoned for not more than five years, or both.
(e) Violation of assignment terms
Whoever accepts assignments described in section 1395u (b)(3)(B)(ii) of this title or agrees
to be a participating physician or supplier under section 1395u (h)(1) of this title and
knowingly, willfully, and repeatedly violates the term of such assignments or agreement,
shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than
$2,000 or imprisoned for not more than six months, or both.
(f) Federal health care program defined
For purposes of this section, the term Federal health care program means
(1) any plan or program that provides health benefits, whether directly, through insurance,
or otherwise, which is funded directly, in whole or in part, by the United States Government
(other than the health insurance program under chapter 89 of title 5); or
(2) any State health care program, as defined in section 1320a7 (h) of this title.
(g) Liability under subchapter III of chapter 37 of title 31
In addition to the penalties provided for in this section or section 1320a7a of this title, a
claim that includes items or services resulting from a violation of this section constitutes a
false or fraudulent claim for purposes of subchapter III of chapter 37 of title 31.
(h) Actual knowledge or specific intent not required
With respect to violations of this section, a person need not have actual knowledge of this
section or specific intent to commit a violation of this section.

[1] See References in Text note below.

LII has no control over and does not endorse any external Internet site that contains links
to or references LII.

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1. U.S. Code Title 18 Part I Chapter 73 1515

18 U.S. Code 1515 - Definitions for certain


provisions; general provision
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
US Code
Notes
prev | next
(a)As used in sections 1512 and 1513 of this title and in this section
(1)the term official proceeding means
(A)
a proceeding before a judge or court of the United States, a United States magistrate judge,
a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax
Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;
(B)
a proceeding before the Congress;
(C)
a proceeding before a Federal Government agency which is authorized by law; or
(D)
a proceeding involving the business of insurance whose activities affect interstate commerce
before any insurance regulatory official or agency or any agent or examiner appointed by
such official or agency to examine the affairs of any person engaged in the business of
insurance whose activities affect interstate commerce;
(2)
the term physical force means physical action against another, and includes confinement;
(3)the term misleading conduct means
(A)
knowingly making a false statement;
(B)
intentionally omitting information from a statement and thereby causing a portion of such
statement to be misleading, or intentionally concealing a material fact, and thereby creating
a false impression by such statement;
(C)
with intent to mislead, knowingly submitting or inviting reliance on a writing or recording
that is false, forged, altered, or otherwise lacking in authenticity;
(D)
with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen,
map, photograph, boundary mark, or other object that is misleading in a material respect;
or
(E)
knowingly using a trick, scheme, or device with intent to mislead;
(4)the term law enforcement officer means an officer or employee of the Federal
Government, or a person authorized to act for or on behalf of the Federal Government or
serving the Federal Government as an adviser or consultant
(A)
authorized under law to engage in or supervise the prevention, detection, investigation, or
prosecution of an offense; or
(B)
serving as a probation or pretrial services officer under this title;
(5)the term bodily injury means
(A)
a cut, abrasion, bruise, burn, or disfigurement;
(B)
physical pain;
(C)
illness;
(D)
impairment of the function of a bodily member, organ, or mental faculty; or
(E)
any other injury to the body, no matter how temporary; and
(6)
the term corruptly persuades does not include conduct which would be misleading conduct
but for a lack of a state of mind.
(b)
As used in section 1505, the term corruptly means acting with an improper purpose,
personally or by influencing another, including making a false or misleading statement, or
withholding, concealing, altering, or destroying a document or other information.
(c)
This chapter does not prohibit or punish the providing of lawful, bona fide, legal
representation services in connection with or anticipation of an official proceeding.
(Added Pub. L. 97291, 4(a), Oct. 12, 1982, 96 Stat. 1252; amended Pub. L. 99646,
50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100690, title VII, 7029(b), (d), Nov. 18,
1988, 102 Stat. 4398; Pub. L. 101650, title III, 321, Dec. 1, 1990, 104 Stat. 5117; Pub.
L. 102572, title IX, 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103322, title
XXXII, 320604(a), Sept. 13, 1994, 108 Stat. 2118; Pub. L. 104292, 3, Oct. 11,
1996, 110 Stat. 3460; Pub. L. 104294, title VI, 604(b)(39), Oct. 11, 1996, 110 Stat.
3509.)

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