With no explanation, chose the best option from "A", "B", "C" or "D". v. Bornstein, 423 U.S. 303, 309, 96 S.Ct. 523, 46 L.Ed.2d 514 (1976). As amended, the FCA imposes civil liability upon “[a]ny person” who, inter alia, “knowingly presents, or causes to be presented, to an officer or employee of the United States Government.. .a false or fraudulent claim for payment or approval.” 31 U.S.C. § 3729(a). The FCA originally imposed double damages and civil penalties for each false claim. See Dunleavy v. County of Del., No. CIV. A. 94-7000, 2000 WL 1522854, at *3 (E.D.Pa. Oct.12, 2000). The Supreme Court considered the double-damages provision of the FCA to be remedial in nature. See, e.g., Bornstein, 423 U.S. at 315, 96 S.Ct. 523 (“[P]ast decisions of this Court have reflected a clear understanding that Congress i York, 8 F.Supp.2d 343, 356 (S.D.N.Y.1998) (<HOLDING>). In 1998, the Second Circuit handed down the

A: holding that state and local government agencies were not persons under the fca
B: holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law
C: holding that state agencies are treated as states under the eleventh amendment
D: recognizing that state agencies which are independent of the state are citizens of the state
A.