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United States Ninth Circuit


US v. MACKBY, 99-15605

An award of treble damages for filing false Medicare claims under the False Claims Act, 31 USC 3729-3733, is subject to an excessive fines analysis under the 8th Amendment because the sanctions have some punitive as well as remedial purpose.

Appellate Information

  • Argued 12/12/2000
  • Decided 03/21/2001
  • Published 03/21/2001

Judges

  • Before:  DAVID R. THOMPSON, O'SCANNLAIN, and TASHIMA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Patric Hooper, Los Angeles, California, for the appellant.

  • For Appellees:
  • Gail Killefer, Assistant United States Attorney, San Francisco, California, for the appellee.
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