Comments on: Litigious animal rightsers http://overlawyered.com/2006/05/litigious-animal-rightsers/ Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:26:11 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Bob Jenkins http://overlawyered.com/2006/05/litigious-animal-rightsers/comment-page-1/#comment-2896 Bob Jenkins Thu, 11 May 2006 13:10:09 +0000 http://overlawyered.com/wpblog/?p=3434#comment-2896 “You will note, if you review the allegations on pages 6-7 of the slip opinion, that there are no allegations of the kind of things the False Claims Act is intended to protect against, i.e., personal enrichment, bill padding, and/or cost overruns by government contractors.” This is really a simple FCA case. The allegations are thus: Scientist X wants government funding; Scientist X fraudulently misrepresents aspects of his success to date in order to induce the government to allow funds to flow from the fisc; The scheme works and Scientist X receives government money. How is this not what the FCA was intended to protect against? If the allegations are true, someone has “knowingly ma[de] … a false record or statement to get a false or fraudulent claim paid or approved by the Government”. 31 USC §3729(a)(2). “You will note, if you review the allegations on pages 6-7 of the slip opinion, that there are no allegations of the kind of things the False Claims Act is intended to protect against, i.e., personal enrichment, bill padding, and/or cost overruns by government contractors.”

This is really a simple FCA case. The allegations are thus: Scientist X wants government funding; Scientist X fraudulently misrepresents aspects of his success to date in order to induce the government to allow funds to flow from the fisc; The scheme works and Scientist X receives government money.

How is this not what the FCA was intended to protect against? If the allegations are true, someone has “knowingly ma[de] … a false record or statement to get a false or fraudulent claim paid or approved by the Government”. 31 USC §3729(a)(2).

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