United States Ninth Circuit

In a qui tam action alleging defendant's violation of the False Claim Act (FCA) through false certification to the Department of Education of its compliance with the Higher Education Act’s (HEA) ban on recruiter-incentive compensation, Rule 12(b)(6) dismissal by the district court is reversed where the court erroneously concluded that plaintiffs failed to allege a false statement and scienter under the FCA because defendant's Compensation Program as alleged falls within the HEA Safe Harbor Provision promulgated by the DOE.

Appellate Information

• Decided 08/12/2011
• Published 08/12/2011

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel