Stinson, Lyons & Bustamante, P.A. v. United States

33 Fed. Cl. 474, 1995 U.S. Claims LEXIS 91, 1995 WL 265342
CourtUnited States Court of Federal Claims
DecidedMay 8, 1995
DocketNo. 93-771C
StatusPublished
Cited by78 cases

This text of 33 Fed. Cl. 474 (Stinson, Lyons & Bustamante, P.A. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stinson, Lyons & Bustamante, P.A. v. United States, 33 Fed. Cl. 474, 1995 U.S. Claims LEXIS 91, 1995 WL 265342 (uscfc 1995).

Opinion

OPINION

REGINALD W. GIBSON, Judge:

INTRODUCTION

Plaintiff, STINSON, LYONS & BUSTAMANTE, P.A., is a law firm (“plaintiff’ or “Stinson”) alleging it is due money damages from the United States (“defendant” or “government”) under certain qui tam1 provisions of the False Claims Act, 31 U.S.C. § 3730(c)(5) and (d)(1) (1988 & Supp. V 1993). Specifically, pursuant to the foregoing provisions, plaintiff is seeking to recover a statutory share of the government’s proceeds of $27 million derived from a settle[475]*475ment with the qui tam defendant, where the government elected not to intervene in plaintiffs case and chose instead to seek recoupment costs from the qui tam defendant as an “alternate remedy” in an independent action. In view of such, defendant moves this court to dismiss plaintiffs claim for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1), and, in the alternative, further moves for summary judgment pursuant to RCFC 56. This court agrees with defendant that it lacks subject matter jurisdiction over plaintiffs claim and, accordingly, grants defendant’s motion to dismiss. In light of this dismissal, we do not reach the merits of defendant’s alternative motion for summary judgment filed on June 30, 1994, and plaintiffs related cross-motion for summary judgment filed on August 3, 1994.

STATUTORY BACKGROUND2

As early as 1863, Congress enacted the False Claims Act, presently codified at 31 U.S.C. §§ 3729-3733 (1988 & Supp. V 1993) (“FCA”), to defend the United States Treasury against the fraudulent claim practices of government contractors. Even at that time, the FCA contained several qui tam provisions which enlisted the assistance of private persons in disclosing fraud against the government by promising a portion of any proceeds recovered by the government. See 31 U.S.C. § 3730(d); see United States ex rel. S. Prawer and Co. v. Fleet Bank of Maine, 24 F.3d 320, 324 (1st Cir.1994). Recently, in 1986, Congress substantially amended the qui tam provisions to “not only ... provide the Government’s law enforcers with more effective tools, but to encourage any individual knowing of Government fraud to bring that information forward” and thereby “enhance the Government’s ability to recover losses sustained as a result of fraud against the Government____” S.Rep. No. 345, 99th Cong., 2d Sess. 2 (1986). This eneouragement for individuals to disclose information regarding fraud against the government was reflected in the 1986 amendments through “increasetd] incentives, financial and otherwise.” Id. at 3.

Generally, the FCA provides that a private person, or “relator,” may bring a qui tam suit against any person who knowingly presents a false or fraudulent claim to the government for money or property, as these highlighted terms are defined in 31 U.S.C. §§ 3729(b), (c) and 3733(1)(4). 31 U.S.C. § 3730(b). The relator brings the action on behalf of the government, which then has the option of intervening in the qui tam suit. Id. at § 3730(c)(2), (3), (c). Should the relator wish to settle the suit with the qui tam defendant, that “action may be dismissed only if the court and the Attorney General give written consent and their reasons for consenting.” 31 U.S.C. § 3730(b)(1).

Moreover, notwithstanding its right to intervene in the qui tam suit, the government may pursue an alternate remedy “including any administrative proceeding to determine a civil money penalty” against the qui tam defendant. 31 U.S.C. § 3730(c)(5). If the government chooses this latter option, “the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section.” Id. The rights of a relator are described in 31 U.S.C. § 3730(d)(1) as follows:

(d) Award to Qui Tam plaintiff. — (1) If the Government proceeds with an action brought by a person under subsection (b), such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where [476]*476the action is one which the court finds to be based primarily on disclosures of specific information, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the ease to litigation.

31 U.S.C. § 3730(d)(1) (emphasis added).

Certain actions over which “[n]o court” possesses jurisdiction are delineated in subsection (e) of § 3730 of the FCA. Such actions include, inter alia, suits brought by plaintiffs based on available public information where the plaintiff was not the “original source” of the information as defined in 31 U.S.C. § 3730(e)(4)(B). 31 U.S.C. § 3730(e)(4)(A).3 Finally, the FCA specifically provides that “[a]ny action under section 3730 may be brought in any judicial district in which the defendant ... can be found, resides____” 31 U.S.C. § 3732(a) (emphasis added).

FACTS

In its complaint, Stinson alleges that this suit is to recover funds possessed by the United States, which are rightfully due plaintiff pursuant to the False Claims Act, 31 U.S.C. § 3730(e)(5) and (d)(1).4 Stinson forcefully asserts that its right to share in a portion of the government’s settlement proceeds of $27 million stems from its efforts to alert and inform the government of the fraudulent claim handling practices by Provident Life and Accident Insurance Co. (“Provident”). In this connection, during the period from December 1985 through February 1988, Stinson allegedly disclosed to the government specific claim handling information and practices performed by Provident, which were in violation of the Medicare Secondary Payor laws.

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Cite This Page — Counsel Stack

Bluebook (online)
33 Fed. Cl. 474, 1995 U.S. Claims LEXIS 91, 1995 WL 265342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-lyons-bustamante-pa-v-united-states-uscfc-1995.