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Opinion 2

In law, materiality means relevant and significant. During cases whether civil or criminal facts presented should be relevant to the case and should not be on an influential manner as to direct the judge’s decision. According to the fraud manual “Materiality usually refers to statements sufficiently important or relevant to a reasonable person in acting or making a decision.” (Associates of Certified Fraud Examiners., 2022). False materiality comes into play when false statements are presented with the intension of influencing (Associates of Certified Fraud Examiners., 2022). Specific elements of proof are required to establish misrepresentation claims and can differ depending on the case and whether is it brought as a criminal case or civil action. Some of the things considered are misrepresentation of facts by the defendant, the statement was sufficiently important or relevant to influence the overall decision, the defendant knew it was false, the victim relied on the misrepresentation, and the victim suffered damages due to the misrepresentation. According to the manual, “Although it might be necessary to prove that the victim relied upon the false statements and actually suffered a loss in a civil case, these elements of proof might not be necessary in a criminal prosecution.” (Associates of Certified Fraud Examiners., 2022).

The False Claims Act claims that fraud must be material; it prohibits making, using, or causing others to make or use a false record or statement that is material to a false or fraudulent claim. The specific claim about the fraudulent act must have sufficiency in order to justify legal action. All in all, materiality relies on factual information, and it must justify your claim, a lie can justify the claim against the person but if the person twisted the truth a little that information may not be material especially if the little change doesn’t matter or changes the entire truth (Whistleblower Law Collaborative., 2020).

Materiality is best shown by the testimony of a witness generally those who make decisions on the application or statements in a particular case, concerning the influence that defendants allegedly false statement might have hand on the ultimate result of the transaction. The witness may be an expert or a fact witness, or both (United States Department of Justice Archives., 2022).