United States v. James B. Johnson

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James B. JOHNSON, Defendant-Appellant No. 87-6642. United States Court of Appeals, Ninth Circuit. Submitted for Argument Oct. 6, 1989. Decided Dec. 11, 1989. As Amended March 19, 1990. Before NELSON, BOOCHEVER and TROTT, Circuit Judges. 1 MEMORANDUM * 2 James B. Johnson appeals from a grant of summary judgment by the district court in favor of appellee, the United States of America, finding Mr. Johnson liable for violation of the Federal False Claims Act, unjust enrichment and payment by mistake of fact. For the reasons that follow, we affirm. 1 3 We review de novo a grant of summary judgment. Milgard Tempering, Inc. v. Selas Corp. of Am., 761 F.2d 553 (9th Cir.1985). 4 Johnson raises several issues on appeal: (1) The government failed to prove that he possessed the requisite intent to defraud the government; (2) The regulation, 32 C.F.R. § 199.8 , under which…