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SCOLNICK v. UNITED STATES

No. 6217.

331 F.2d 598 (1964)

Aaron SCOLNICK, Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Dean E. Nicholson, Haverhill, Mass., with whom Espovich & Nicholson, Haverhill, Mass., was on the brief, for appellant.

Sherman L. Cohn, Atty. Dept. of Justice, with whom John W. Douglas, Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., and Harvey L. Zuckman, Atty. Dept. of Justice, were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN, and ALDRICH, Circuit Judges.

PER CURIAM.

The facts in this case are fully set forth in the opinion below, United States v. Scolnick, D.Mass., 1963, 219 F.Supp. 408. We find no merit in the appeal. The endorsement and deposit for collection of a government check known to be issued by mistake in payment of an obligation already, in fact, satisfied is the presentation of a false claim within the meaning of the False Claims Act, 31 U.S.C. § 231. Cf. Dimmick...

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