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False Claims Act Statistics, News & Analysis

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: Relator Asks Court to Extend Benefit of FCA Statute of Limitations Tolling Provision to Relators

As FCA aficionados know, the FCA’s statute of limitations provides that claims are timely only if they are brought either (1) within 6 years of the FCA violation, or (2) within 3 years of “the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances,” up to 10 years after the FCA violation. A new FCA cert. petition raises the question whether relators in non-intervened qui tam cases can take advantage of the latter provision to toll the limitations period.

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False Claims Act Cert. Monitor: Second Circuit Case Remanded for Escobar, Three Other FCA Cert. Petitions Denied

On Tuesday, the Supreme Court granted the relators’ petition for certiorari, vacated the judgment below, and remanded (“GVR’d”) in Bishop v. Wells Fargo & Co., No. 16-578, with instructions for the Second Circuit to reconsider its decision in light of the Supreme Court’s decision in Escobar.  As we explained last November, the Second Circuit, following its precedent in Mikes v. Straus, 274 F.3d 687 (2d Cir. 2001), had concluded that a general certification of compliance with banking regulations was not an express certification  of compliance with a specific statute, and that because the relevant regulations did not state that compliance was a precondition of payment they could not form the basis of an implied certification  FCA claim.

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False Claims Act Cert. Monitor: Six FCA Cert. Petitions Bite the Dust, Five Remain

Denied petitions for certiorari are a dime a dozen. So it should not come as a surprise that most FCA cert. petitions that we write about fail. But still, we hate to see ’em go. Yet, here we are, in this first Cert. Monitor post of 2017, saying bon voyage to six FCA cert. petitions from our mid-term review, leaving just five more that remain pending.

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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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