Law Project for Psychiatric Rights Ex Rel. United States v. Matsutani

MEMORANDUM

1. “[T]he public disclosure originated in ... sources enumerated in the” False Claims Act, 31 U.S.C. § 3730 (e)(4)(A). A-1 Ambulance Serv., Inc. v. California, 202 F.3d 1238 , 1243 (9th Cir.2000). In light of our case law’s broad construction of “investigation” in this statute, see Seal 1 v. Seal A, 255 F.3d 1154, 1161 (9th Cir.2001), the Utah Attorney General’s correspondence qualifies as an enumerated source.

2. Relators’ suit is “ ‘based upon’ ... prior public disclosure.” United States ex rel. Meyer v. Horizon Health Corp., 565 F.3d 1195, 1199 (9th Cir.2009). “[T]he evidence and information in the possession of the United States at the time the False Claims Act suit was brought was sufficient to enable it adequately to investigate the case and to make a decision whether to prosecute.” United States ex rel. Found Aiding the Elderly v. Horizon West Inc., 265 F.3d 1011, 1016 (9th Cir.2001) (internal quotation marks omitted). The Medicaid records relators obtained from their Aaskan FOIA requests already were required by statute to be supplied to the federal government. See Centers for Medicare & Medicaid Services, Medicaid Statistical Information Statistics (MSIS):…