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2nd Circuit Rules False Claims Act Suit Using FOIA Documents May Proceed

April 9, 2010
New York Law Journal

A Vietnam veteran can sue under the False Claims Act for his employer's failure to file or the filing of false claims under a statute geared to help veterans win jobs with government contractors, the 2nd U.S. Circuit Court of Appeals ruled Wednesday.

Addressing a case of first impression, the circuit said Daniel Kirk was not blocked by the act's jurisdictional bar on suits using documents assembled during the preparation of government reports, hearings, audits or investigations.

The court found that Kirk could sue as a qui tam relator based on his employer's noncompliance with reporting requirements on veteran hiring, and that documents he obtained through the Freedom of Information Act did not trigger the jurisdictional bar. To read the complete article click here.

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