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U.S. EX REL. ADAMS v. AURORA LOAN SERVICES, INC.

No. 14-15031.

813 F.3d 1259 (2016)

UNITED STATES of America ex rel. James R. ADAMS and Puoy K. Premsrirut, Relators, Plaintiffs-Appellants, v. AURORA LOAN SERVICES, INC.; BAC Home Loans Servicing, LP; Bank of America, N.A.; J.P. Morgan Chase Bank, N.A., for itself and as successor by merger to Chase Home Finance LLC; CitiMortgage Inc.; Countrywide Home Loans Inc.; EMC Mortgage LLC, FKA EMC Mortgage Corporation; Nationstar Mortgage, LLC; Ocwen Loan Servicing, LLC; OneWest Bank, FSB; PHH Mortgage Corporation; U.S. Bank NA; Wells Fargo Bank, NA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2016.

Attorney(s) appearing for the Case

Sigal Chattah , Las Vegas, NV, for Relators/Plaintiffs-Appellants.

Mark P. Guerrera , Sean C. Griffin , Sidley Austin LLP, Washington, D.C.; Mark E. Haddad , Douglas A. Axel , Sidley Austin LLP, Los Angeles, CA, for Defendants-Appellees.

Stuart F. Delery , Assistant Attorney General, Daniel G. Bogden , United States Attorney, Michael S. Raab and Melissa N. Patterson , Attorneys, Appellate Staff, United States Department of Justice, Washington D.C., for Amicus Curiae United States of America.

Before: BARRY G. SILVERMAN and RICHARD C. TALLMAN, Circuit Judges and ROBERT S. LASNIK, Senior District Judge.

OPINION

The question presented by this appeal is whether the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) are officers, employees, or agents of the federal government for purposes of the False Claims Act, 31 U.S.C. § 3729(b)(2)(A)(i). Upon...

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