United States Ex Rel. Reiber v. Basic Contracting Services Inc.

MEMORANDUM

Reiber appeals the district court’s dismissal of her False Claims Act (“FCA”) suit under Federal Rules of Civil Procedure 9 and 12(b)(6). Reiber alleged that her employer, Basic Contracting Services, Inc. (“Basic”), engaged in a pattern and practice of defrauding the government by filing false certifications in connection with its contract to provide security services at Naval Magazine Indian Island in Port Hadlock, Washington. Reiber amended her complaint twice before the district court dismissed it with prejudice and denied leave to amend.

“It is not the case that any breach of contract ... automatically gives rise to a claim under the FCA.... [Sjome request for payment containing falsities made with scienter (i.e., with knowledge of the falsity and with intent to deceive) must exist.” U.S. ex rel. Hopper v. Anton, 91 F.3d 1261 , 1265 (9th Cir.1996). Reiber alleged that Basic did not fulfill its contractual obligations by failing to staff certain guard posts as required, improperly training guards, and not paying for guard mount time. Reiber’s general allegations, including her documentation, do not establish a false claim under the FCA. At best, the allegations…