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Allison Engine Co. v. US
No. 07-214


    Allison Engine Company, Inc., et al. v. United States, ex rel. Roger L. Sanders and Roger L. Thacker


    False Claims Act, False Records, Fraudulent Claims, Government Claims


  • Sections 3729(a)(2) and 3729(a)(3) of the False Claims Act impose liability upon anyone who uses a "false record or statement to get a false or fraudulent claim paid or approved by the Government" or who "conspires to defraud the Government by getting a false or fraudulent claim allowed or paid." 31 U.S.C. section 3729(a)(2), (a)(3). In direct conflict with the decisions of four other circuits, the Sixth Circuit held that Sections 3729(a)(2) and 3729(a)(3) "cover[] false claims made to parties other than the government so long as the claim will be paid with government funds." The question presented is whether a plaintiff asserting a cause of action under Section 3729(a)(2) or Section 3729(a)(3) of the False Claims Act is required to prove that a false claim was submitted to the federal government, or whether it is sufficient to establish that the claim was paid using federal funds.



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Counsel of Record

For Petitioner:

Theodore B. Olson
Gibson Dunn & Crutcher LLP
Washington, DC

For Respondent:

James B. Helmer Jr.
Helmer, Martins, Rice & Popham Co., LPA
Cincinnati, OH


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