MacKby

ORDER RE EXCESSIVE FINES CLAUSE

The United States (“Government”) commenced this action against defendant, Peter Mackby, alleging violations of the False Claims Act, 31 U.S.C. § 3729 . Following a three-day court trial, the Court found in favor of the Government and entered judgment against Mackby in the amount of $729,454.92. Mackby subsequently appealed to the Ninth Circuit Court of Appeals which, in a published opinion, affirmed this Court’s finding of liability but remanded the action “for further development of the record to determine whether the civil penalty and treble damages presently contained in the district court’s judgment violate the Excessive Fines Clause of the Eighth Amendment.” United States v. Mackby, 261 F.3d 821, 831 (9th Cir.2001). Having read and considered the briefs filed by the parties in connection with the remand, the Court finds that the judgment previously entered by the Court does not violate the Eighth Amendment.

BACKGROUND

The facts of this case are set forth in the Ninth Circuit’s opinion, and will only be briefly summarized herein. Mackby and his business partner, Michael Leary (“Leary”), managed and owned a physical therapy clinic known as the…