United States Federal Circuit

In a Winstar-related case, summary judgment for banks on the government's counterclaim and affirmative defenses and an award for the banks in the amount of nearly $435 million, are reversed where the contract claims against the government under an Assistance Agreement were forfeited under 28 U.S.C. section 2514, due to fraud against the government.

Appellate Information

• Decided 02/01/2007
• Published 02/01/2007

Judges

• GAJARSA, Circuit Judge., Before MAYER, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Richard C. Tufaro, Milbank, Tweed, Hadley, & McCloy, LLP, of Washington, DC, argued for plaintiffs-appellees.   With him on the brief was William W. Wallace III.   Of counsel on the brief were David S. Cohen, and Andrew M. Leblanc., Jeffrey T. Infelise, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Deputy Assistant Attorney General, David M. Cohen, Director.   Of counsel on the brief were Jeanne E. Davidson, Deputy Director, Timothy J. Abraham, and Elizabeth A. Holt, Trial Attorneys.   Of counsel was Jerome A. Madden, Attorney.