Babalola, et al. v. Sharma, et al., No. 13-20182 (5th Cir. 2014)
Annotate this CaseRelators filed suit against their former employers, alleging that defendants defrauded the Government by filing fraudulent Medicare and Medicaid claims. At issue was whether the district court properly held that, because there was no qui tam complaint in existence at the time the Government pursued criminal charges against defendants, the criminal proceeding did not constitute an "alternate remedy" under the False Claims Act, 31 U.S.C. 3730(c)(5). The court held that because there was no qui tam action pending at the commencement of the restitution proceeding, the restitution proceeding did not constitute an alternate remedy under the statute. Accordingly, the court affirmed the district court's partial summary judgment in favor of the Government and remanded for further proceedings.
The court issued a subsequent related opinion or order on February 17, 2014.
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