United States ex rel. Omar Badr v. Triple Canopy, Inc.

The Government appeals the dismissal of Counts I and II of its complaint under the False Claims Act (FCA), 31 U.S.C. 3729(a)(1)(A) and 3729(a)(1)(B), against Triple Canopy. Triple Canopy contracted with the government to provide security services at the Al Asad Airbase in Iraq. The original relator also appeals the dismissal of his complaint. The court concluded that the Government has sufficiently alleged a false claim for purposes of Federal Rule of Civil Procedure 12(b)(6) and Rule 9(b) where the complaint sufficiently alleged that Triple Canopy made a material false statement with the requisite scienter that resulted in payment (Count I). The district court also erred in finding that the original relator lacked standing to remain as a party on Count I. Further, the district court erred in dismissing Count II, the false records claim, where the Government has properly pled materiality as to this count. However, the court concluded that the district court correctly dismissed Counts II-V of the original relator's complaint for failing to comply with Rule 9(b). Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "United States ex rel. Omar Badr v. Triple Canopy, Inc." on Justia Law