Pfingston

We must decide, among other things, whether the False Claims Act authorizes an award of attorneys’ fees against another attorney.

I

In October 1993, the Los Angeles Metropolitan Transit Authority (the “MTA”) selected Fleming Engineering Company (“Fleming”) to replace thirteen underground fuel storage tanks. Fleming also agreed to construct a fuel leak detection system in connection with installation of the new tanks. The MTA received federal funding for the project.

Douglas Pfingston, a Fleming subcontractor employee, inspected the leak detection system shortly after its completion in 1995. The system was operational, despite not being certified by the Fire Department and the County Public Works Department. Furthermore, Pfingston observed that the detection system was in “full red alert,” meaning that fuel was leaking, yet, the system failed to shut off the flow of fuel, contrary to its design.

Pfingston immediately reported his observations to Tanzeem Rizvi, the MTA’s Supervising Project Engineer. 1 Rizvi told Pfingston that he had “opened a can of worms” and that he should “back off.” Rizvi explained that the federal government had provided a “great deal” of funding for the…