United States Second Circuit

In a False Claims Act (FCA) action alleging that plaintiff's former employer obtained government contracts while representing that it had filed certain required Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) reports, when in fact it either had failed to file a report or had filed a false report for the relevant years, dismissal of the complaint is vacated where: 1) a document obtained in response to a request made under the Freedom of Information Act qualified as an enumerated source triggering the jurisdictional bar of the FCA only when the document itself was a "congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation," and the documents obtained by plaintiff through FOIA did not fall within any of these categories; and 2) plaintiff's complaint stated valid claims under the FCA when it alleged that defendant had entered into contracts with the federal government while not in compliance with the VEVRAA.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

Court

• United States Second Circuit

Counsel