Schroeder v. United States, No. 13-35479 (9th Cir. 2015)
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Plaintiff appealed his dismissal from a qui tam suit concerning the billing practices of government contractor CH2M Hill. The court held, as a matter of first impression, that the False Claims Act (FCA), 31 U.S.C. 3730(d)(3), requires the dismissal of a qui tam relator
convicted of the conduct giving rise to the fraud, even if he or she only played a minor role. In this case, plaintiff, like many of his colleagues, submitted false time cards, and, as a result, received at least $50,000 for falsely claimed overtime hours. Accordingly, the court affirmed the judgment.
Court Description: False Claims Act. The panel affirmed the district court’s dismissal of Carl Schroeder as qui tam relator in a qui tam suit concerning the billing practices of a government contractor. In an issue of first impression, the panel held that 31 U.S.C. § 3730(d)(3) of the False Claims Act requires the dismissal of a qui tam relator convicted of the conduct giving rise to the fraud, even if the relator only played a minor role.
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