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False Claims Act Statistics, News & Analysis

  • 28
  • September
  • 2017

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Futrell Enters the Fray on Whether the FCA Covers the E-Rate Program Despite Funding from Telecomm. Industry

Last month, a Missouri district court in U.S. ex rel. Futrell v. E-Rate Program, LLC handed down a decision of interest to the telecommunications industry. The defendant contracts with schools and school districts to help them obtain funds under the E-Rate Program, a program that provides subsidies and discounts to schools to secure affordable telecommunications and Internet access. The program is administered by USAC, a private non-profit organization subject to regulations of (but not controlled by) the FCC, and is funded by mandatory contributions from private interstate telecommunications carriers. The Futrell court found that FCA liability may exist in such circumstances, even though the USAC funds are not government dollars. The Futrell decision adds to a disagreement between at least two district courts and one circuit court on this issue.

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False Claims Act Cert. Monitor: Solicitor General Presents Hurdle to Clearing the Public Disclosure Bar

Several months ago, we reported that the Supreme Court had called for the views of the Solicitor General (“CVSG”) on a relator’s cert. petition about the FCA public disclosure bar in U.S. ex rel. Advocates for Basic Legal Equality, Inc. v. U.S. Bank, N.A. (“ABLE”), No. 16-130. You can read our summary of the case in that blog post here. The Solicitor General has now weighed in.

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False Claims Act Cert. Monitor: Relators Seek GVR from High Court in Light of Escobar

At the end of October, relators petitioned the Supreme Court for a “GVR” of the Second Circuit’s decision in Bishop v. Wells Fargo & Co., 823 F.3d 35 (2d Cir. 2016). That is, relators asked not that the Court hear their case on the merits, but rather that it grant the petition for certiorarivacate the decision below, and remand the case for further proceedings in light of the Court’s intervening decision in Escobar.

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