False Claims Act – Page 3

After a six-year investigation, an additional two-and-one-half years of discovery and pretrial posturing, and a nine-day jury trial, Marshall Pecore and Conrad Waniger (the “defendants”) prevailed against civil charges that they violated the False Claims Act (“FCA”). Unsatisfied with just the trial victory and perhaps disturbed that the government spent nearly a decade chasing about $75,000, the defendants moved for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A), or alternatively, sanctions under Rule 37(c)(2) of the Federal Rules of Civil Procedure. The district court denied both motions. Despite our discomfort with what looks like government overreaching, we find that the district court’s ruling was not an abuse of discretion and accordingly, we affirm.

Here are the briefs:

Pecore Appellant Brief

US Appellee Brief

Pecore Reply

Oral argument is here.

Update on False Claims Act Charges against Two Menominee Individuals

June 22, 2010Matthew L.M. Fletcher

In the last update here, we reported that the tribal defendants in the federal False Claims Act case, United States v. Menominee Tribal Enterprises (W.D. Wis.), had been dismissed out. Two individuals remained. They were acquitted in a jury trial — Jury Verdict Form.

They then filed for attorney fees under the Equal Justice Act. The motion was denied: DCT Order Denying Atty Fees.

United States v. Menominee Tribal Enters. — False Claims Act Suit

January 22, 2009Matthew L.M. Fletcher

Here is the opinion — us-v-menominee-tribal-enters-dct-order

An excerpt:

The United States brought this action against Menominee Tribal Enterprises (“MTE”) and two of its employees. The Government alleges that the Defendants submitted invoices seeking payment that contained false information, in violation of the False Claims Act, 31 U.S.C. § 3729. It further alleges that MTE breached contracts it had with the Bureau of Indian Affairs (“BIA”) when it made several large purchases without receiving prior approval. All parties have moved for summary judgment, at least as to some of the claims. For the reasons given herein, I conclude that all claims should be dismissed as to Defendant MTE; False Claims Act claims brought against the individual Defendants will remain.