Georgia Department of Education v. United States Department of Education, No. 16-17648 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit denied the petition for review of the Secretary's order requiring Georgia to repay approximately $2.1 million of federal grant funds to the United States Department of Education. The court held that the Secretary properly considered the circumstances of the underlying fraud in petitioner's case in denying the equitable offset remedy, which he noted was to be determined based on agency precedent on a case by case basis at the discretion of the trier of fact. In this case, the nature and scope of the violation was too serious to warrant an equitable offset given petitioner's employees participated in a complex fraud scheme which led to the state improperly awarding $5.7 million to seventeen subgrantees who did not qualify to receive those funds.