United States, Ex Rel. A. Amir Ali, Under 31 U.S.C. Section 3729, Qui Tam Relator v. Daniel, Mann, Johnson & Mendenhall

A. Amir Ali (“Ali”) challenges the district court’s grant of summary judgment in favor of Daniel, Mann, Johnson & Menden-hall (“DMJM”) in this qui tam action under the False Claims Act (“FCA”). Ali alleges that DMJM, acting as a construction management firm for the California State University at Northridge (“CSUN”), knowingly submitted false claims to the Federal Emergency Management Agency (“FEMA”). The district court held that the corporation was not subject to liability-under the FCA because DMJM was acting as an agent of the state when it allegedly submitted false claims. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

I. BACKGROUND

From February to September 1994, Ali was employed by CSUN as an architect coordinating the reconstruction of buildings damaged by the January 1994 Nor-thridge earthquake. CSUN retained DMJM as its construction management firm in December 1994, after CSUN terminated AJi’s employment.

In January 1996, Ali filed a complaint in the Central District of California, alleging that CSUN and two CSUN officials filed false claims to FEMA for repairs not related to the Northridge earthquake. In May 2000, Ali amended the complaint to…