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U.S. v. AMERICAN HEART RESEARCH FOUNDATION, INC.

No. 92-2108.

996 F.2d 7 (1993)

UNITED STATES of America, Plaintiff, Appellant, v. AMERICAN HEART RESEARCH FOUNDATION, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Paul D. Scott, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, Jeffrey R. Howard, U.S. Atty., Concord, NH, Douglas N. Letter, Atty., Dept. of Justice, Michael F. Hertz, Atty., Dept. of Justice, and Steven D. Altman, Atty., Dept. of Justice, Washington, DC, were on brief for plaintiff, appellant.

Kenneth I. Schacter with whom David M. Cohen, Richards & O'Neil, New York City, David Jordan and Jordan & Gfroerer, Concord, NH, were on brief for defendants, appellees.

Before CYR, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

In this case, involving the underpayment of postage based on misrepresentations, the district court ruled that the False Claims Act, 31 U.S.C. § 3729, did not (prior to its amendment in 1986) apply to so-called "reverse false claims" whereby the government is paid less than its due. A back-up claim for unjust enrichment was dismissed on res judicata grounds. We agree with the district court on the interpretation of the False Claims...

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