United States ex rel. Oliver v. Gyro House

MEMORANDUM *

In this action under the False Claims Act, 31 U.S.C. §§ 3729-3733 , the district court entered summary judgment for the government after finding that defendants falsified serial numbers and submitted falsified Federal Aviation Administration “Form 8130’s” in connection with a Foreign Military Sales contract to recondition gyroscopes. 1 The district court awarded the government damages and penalties in the amount of $235,234, and entered an order awarding attorneys’ fees to the relator. On appeal, Defendants argue that: (1) triable issues of fact exist regarding the nexus between defendants’ false statements and false claims and any payments by the United States or allocation of foreign military credits; (2) the district court miscalculated the damages award; and (3) the district court erred in allowing and considering late-filed declarations in support of the relator’s motion for attorney’s fees. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

Defendants’ Arguments

1. Triable Issues of Fact

Defendants contend that triable issues of fact exist regarding the following: (1) the government’s reliance on the Form 8130’s in paying out funds or allocating Foreign…