United States Ninth Circuit

In the context of qui tam actions under the False Claims Act, non-federal reports, audits, and investigations qualify as a source of public disclosure under 31 U.S.C. section 3730(e)(4)(A), which lists the sources of public disclosure that give rise to a jurisdictional bar when the relator is not an original source of the information. In a qui tam action under the False Claims Act accusing the California Department of Rehabilitation and its employees of defrauding the federal government, dismissal of plaintiff's complaint without leave to amend is affirmed in part, but reversed in part where the district court appeared to have had jurisdiction over allegations in the complaint of false claims occurring after June 30, 1999, since they were not publicly disclosed.

Appellate Information

• Argued 02/13/2006
• Decided 12/13/2006
• Published 12/13/2006

Judges

• CANBY, Circuit Judge:, Before: CANBY, JR., NOONAN, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph E. Deems, Sherman Oaks, CA, for the appellant.


• For Appellees:
  
• Kenneth G. Lake, Deputy Attorney General, Los Angeles, CA;  Joseph L. Stark, Joseph L. Stark & Associates, Santa Clarita, CA;  for the defendants-appellees.