Independent knowledge definition
Independent knowledge means “knowledge of the fraud cannot be merely dependent on a public disclosure.” Id. (quoting Paranich, 396 F.3d at 336). “[A] relator who would not have learned of the information absent public disclosure [does] not have ‘independent’ information” under the pre-2010 FCA. Id. (quoting Stinson, 944 F.2d at 1160). Further, “a relator cannot be said to have ‘direct and independent knowledge of the information on which [its fraud] allegations are based,’ if the relator has no direct and independent knowledge of the allegedly fraudulent statements.” Id. at 846 (quoting U.S. ex rel. Mistick PBT v. Housing Auth. of Pittsburgh, 186 F.3d 376, 389 (3d Cir. 1999)) (internal quotation marks omitted).
Independent knowledge means factual information in the whistleblower’s possession that is not derived from publicly available sources. The whistleblower may gain “independent knowledge” from experiences, communications, and observations in business and social situations.
Independent knowledge means information in possession of the applicant that is not derived from publicly available sources but may include his experiences, communications and observations in his business or social interactions;