United States DC Circuit

In a False Claims Act (FCA) action claiming that five companies and one individual rigged the bidding on three contracts in Egypt funded by the U.S. Agency for International Development, judgment for plaintiff is affirmed in part where: 1) the government's claims concerning one contract were not barred by the statute of limitations because they related back to plaintiff's original timely complaint; 2) although the false claims provisions of the Foreign Assistance Act and the FCA did overlap, the two statutes were fully capable of coexisting. However, the judgment is reversed in part where: 1) certain of plaintiff's claims were barred by the statute of limitations because he added them after the limitation period had run; and 2) allowing the government to contradict a factual stipulation called into question the credibility of defendant's counsel, severely impeding counsel's ability to effectively advocate for his client.

Appellate Information

• Argued 12/07/2009
• Decided 06/22/2010
• Published 06/22/2010

Judges

• Before SENTELLE, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Alfred W. Putman, June Ann Sauntry, Barry Coburn, Charles C. Murphy Jr., and Charles S. Leeper argued the causes for appellants. With them on the briefs were Michael R. Miner and Alicia Hickok. Bryan B. Lavine, Stephen P. Murphy, and Brian P. Watt entered appearances.


• For Appellees:
  
• Steve Frank, Attorney, U.S. Department of Justice, and Paul R.Q. Wolfson argued the cause for appellees. With them on the brief were Douglas N. Letter, Attorney, U.S. Department of Justice, Keith V. Morgan, Assistant U.S. Attorney, Robert B. Bell, Jennifer M. O'Connor, and Annie L. Owens. R. Craig Lawrence, Assistant U.S. Attorney, and Daniel S. Volchok entered appearances.