United States v. Robert Vaughn Lagerbusch

Third Circuit

United States v. Robert Vaughn Lagerbusch

361 F.2d 449, 1966 U.S. App. LEXIS 5904

CourtCourt of Appeals for the Third Circuit

DecidedJune 7, 1966

Docket15642

StatusPublished

Cited by16 cases

This text of 361 F.2d 449 (United States v. Robert Vaughn Lagerbusch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Robert Vaughn Lagerbusch, 361 F.2d 449, 1966 U.S. App. LEXIS 5904 (3d Cir. 1966).

Pincite

Opinion

PER CURIAM:

Pursuant to a jury’s answers to special interrogatories, the district court entered judgment for the United States against the appellant under the provision of the False Claims Act, 31 U.S.C. § 231, that “ [a] ny person * * * who shall make or cause to be made * * * any claim upon or against the Government of the United States * * * knowing such claim to be false, fictitious, or fraudulent * * * ” shall be liable to the United States for double damages as well as a penalty.

On this appeal it is contended that the False Claims Act is inapplicable because the appellant’s false representations were made to and the consequent undeserved payments of money were made by Hercules Powder Co., a private corporation which employed him. However, it appears clearly that Hercules was operating an installation of the United States government on a cost plus contract under which the United States paid or reimbursed Hercules for all operating costs, including the sums fraudulently obtained from Hercules by the appellant. We have no doubt that the False Claims Act covers such an indirect mulcting of the gov- *450 eminent. United States ex rel. Marcus v. Hess, 1943, 317 U.S. 537, 63 S.Ct. 379, 87 L.Ed. 443; United States v. Veneziale, 3d Cir. 1939, 268 F.2d 504. We are not persuaded by the argument of the appellant that there is anything in the earlier decision in United States v. Cohn, 1926, 270 U.S. 339, 46 S.Ct. 251, 70 L.Ed. 616, which is inconsistent with our conclusion or with the above cited supporting cases.

The appellant also urges that he was prejudiced by the failure of the court to submit to the jury the alternative possibility of lesser civil liability for common law fraud under two additional counts of the government’s complaint. Since the case was submitted to the jury upon clear and comprehensive special interrogatories and the answers, consistent with the evidence, were such as to establish liability under the False Claims Act to the full extent of the resulting judgment, we are satisfied that the court’s disregard of the government’s alternative counts did not constitute error prejudicial to the appellant.

The judgment will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Pursuant to a jury’s answers to special interrogatories, the district court entered judgment for the United States against the appellant under the provision of the False Claims Act, 31 U.S.C. § 231, that “ [a] ny person * * * who shall make or cause to be made * * * any claim upon or against the Government of the United States * * * knowing such claim to be false, fictitious, or fraudulent * * * ” shall be liable to the United States for double damages as well as a penalty.

On this appeal it is contended that the False Claims Act is inapplicable because the appellant’s false representations were made to and the consequent undeserved payments of money were made by Hercules Powder Co., a private corporation which employed him. However, it appears clearly that Hercules was operating an installation of the United States government on a cost plus contract under which the United States paid or reimbursed Hercules for all operating costs, including the sums fraudulently obtained from Hercules by the appellant. We have no doubt that the False Claims Act covers such an indirect mulcting of the gov- *450 eminent. United States ex rel. Marcus v. Hess, 1943, 317 U.S. 537, 63 S.Ct. 379, 87 L.Ed. 443; United States v. Veneziale, 3d Cir. 1939, 268 F.2d 504. We are not persuaded by the argument of the appellant that there is anything in the earlier decision in United States v. Cohn, 1926, 270 U.S. 339, 46 S.Ct. 251, 70 L.Ed. 616, which is inconsistent with our conclusion or with the above cited supporting cases.

The appellant also urges that he was prejudiced by the failure of the court to submit to the jury the alternative possibility of lesser civil liability for common law fraud under two additional counts of the government’s complaint. Since the case was submitted to the jury upon clear and comprehensive special interrogatories and the answers, consistent with the evidence, were such as to establish liability under the False Claims Act to the full extent of the resulting judgment, we are satisfied that the court’s disregard of the government’s alternative counts did not constitute error prejudicial to the appellant.

The judgment will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

361 F.2d 449, 1966 U.S. App. LEXIS 5904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-vaughn-lagerbusch-ca3-1966.

Opinion

Related

Cite This Page — Counsel Stack