The Massachusetts Supreme Judicial Court recently affirmed a trial court’s judgment dismissing a relator’s claims alleging that the defendants, certain financial institutions, collectively engaged in and conspired to engage in fraud, holding that the suit was subject to the public disclosure bar of the Massachusetts False Claims Act.
Posts published in “False Claims Act”
11th Cir. Reverses Trial Court, Allows False Claims Act Action to Proceed Against Lender and Executive
The U.S. Court of Appeals for the Eleventh Circuit recently concluded that summary judgment was improper on a group of relators' False Claims Act claim because genuine issues of material fact remained as to whether a lender’s alleged false certifications were material.
The U.S. Court of Appeals for the Second Circuit recently held that the federal False Claims Act (FCA) applies to persons who present false or fraudulent loan applications to Federal Reserve Banks (FRBs) because the latter are “agents of the United States” within the meaning of the FCA and the loan money is provided by the United States to advance a government program or interest within the meaning of the FCA.
The U.S. Court of Appeals for the D.C. Circuit recently affirmed the dismissal of a federal False Claims Act lawsuit alleging a lender’s violation of the 2012 National Mortgage Settlement and violation of the Home Affordable Modification Program through the lender’s alleged false certifications of compliance. A link to the opinion in U.S. ex rel. Schneider et al. v. JPMorgan Chase Bank is available at: Link to Opinion. The relator, an owner of a mortgage servicing company who purchased numerous loans from the lender, alleges to have discovered numerous violations of the 2012 National Mortgage Settlement based upon the lender’s handling of…
The U.S. Court of Appeals for the Second Circuit recently remanded a federal False Claims Act lawsuit based upon alleged misrepresentations made by a bank when it applied to borrow funds from the Federal Reserve System’s discount window. The Second Circuit remanded the case to the trial court to determine whether the relators adequately alleged the materiality of the bank’s alleged misrepresentations. In so doing, the Second Circuit held that the Supreme Court of the United States had abrogated both the express designation requirement for implied false certification claims, and the particularity requirement for express false certification claims, in its…