United States Fourth Circuit

In this False Claims Act case, defendant contractor allegedly engaged in a year-long fraudulent scheme that included falsifying records in personnel files for guards serving as a primary security force on a United States airbase in Iraq. The district court's dismissal of Counts I and II of the Government's complaint is reversed, and the dismissal of Counts II-V of plaintiff Badr's complaint is affirmed, where: 1) the Government has sufficiently alleged that defendant made a material false statement with the requisite squinter that resulted in payment; 2) the Government properly pled materiality in Count II; and 3) the district court correctly dismissed Counts II-V of Badr's complaint for failing to comply with Federal Rule of Civil Procedure 9(b), which requires that the time, place, and contents of the false representations be described, at minimum.

Appellate Information

• Decided 01/08/2015
• Published 01/08/2015

Judges

• She'd

Court

• United States Fourth Circuit

Counsel