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.
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.
This case is a wild one. In it, the U.S. is suing Menominee Tribal Enterprises under the False Claims Act for over a million in damages. Bad news. Paraphrasing the DCT here, MTE responded with a very aggressive defense, with massive discovery requests a major feature. Then MTE posts the papers it receives on its website (here). The Menominee Indian Tribe is involved because one of their council members has been subpoenaed by MTE.
From the DCT’s order:
the United States’ motion for a protective order barring MTE’s dissemination of discovery materials on its website and its motion to seal the deposition of Douglas Cox are denied. The Tribe’s motion to quash the subpoena compelling the deposition of Lisa Waukau is granted, and MTE’s motion to compel the production of BIA invoices, invoice review policies, and related documents is denied.
Complaint [there are answers and counterclaims, too, but I’ll leave those out]
Menominee Tribe Motion for Protective Order [council member subpoena]
Turtle Talk 