United States Ninth Circuit

In plaintiff's' suit against the United States government, seeking refunds of about $5 million from the IRS, arising from an underyling qui tam action brought under the False Claim Act for Medicare fraud by a hospital management company and others in which the United States intervened and settled its FCA claims for $631, of which plaintiff received sixteen percent of the settlement, district court's grant of summary judgment to the government is affirmed, as the plaintiff's share was ordinary income and not a capital gain.

Appellate Information

• Decided 07/18/2012
• Published 07/18/2012

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel