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UNITED STATES EX REL. U.S.-NAMIBIA v. AFRICA FUND

No. 84 Civ. 0658 (KTD).

588 F.Supp. 1350 (1984)

UNITED STATES of America, ex rel. U.S.-NAMIBIA (SOUTHWEST AFRICA) TRADE & CULTURAL COUNCIL, INC., Plaintiff, v. The AFRICA FUND, Defendant.

United States District Court, S.D. New York.

July 27, 1984.

Attorney(s) appearing for the Case

Shipley, Smoak & Henry, Washington, D.C., for plaintiff; Thomas C. Henry, Washington, D.C., and George N. Abrahams, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for the U.S. of America; Jordan Stanzler, Asst. U.S. Atty., New York City, of counsel.

Center for Constitutional Rights, New York City, for defendant; Peter Weiss, Frank E. Deale, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff U.S.-Namibia (South West Africa) Trade & Cultural Council, Inc. (the "Council") brought this action challenging the tax-exempt status of the defendant, The Africa Fund (the "Fund"). Plaintiff invoked the qui tam statute, 31 U.S.C. § 3730, which allows an individual in certain circumstances to sue on behalf of the government to recover damages for false claims presented to...

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