United States ex rel. Shutt v. Community Home & Health Care Services, Inc.

MEMORANDUM **

Nida M. Campanilla (“Campanilla”) and her solely-owned proprietorship Community Home and Health Care Services, Inc. (“Community Home”) appeal the district court’s grant of partial summary judgment for the United States pursuant to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 . We have jurisdiction under 28 U.S.C. § 1291 because the district court’s order is final and appealable for the reasons stated in a published Opinion filed herewith. Campanilla and Community Home challenge the district court’s judgment on the grounds that it subjects them to double jeopardy in violation of the Fifth Amendment and that it is an “excessive fine” under the Eighth Amendment. We affirm.

Campanilla waived her right to a double jeopardy challenge. In the plea *360 agreement, in which Campanilla pled guilty to health care fraud for the conduct that underlies the FCA claim against her, Campanilla agreed “[n]ot to make any double jeopardy challenge to any administrative or civil forfeiture or civil fraud action arising out of the course of conduct that provides the factual basis for the [criminal] information.” “In the context of a plea bargain[,] ... a defendant may…