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LISSACK v. SAKURA GLOBAL CAPITAL MARKETS

No. 03-7977.

377 F.3d 145 (2004)

UNITED STATES of America ex rel. Michael LISSACK, Plaintiff-Appellant, v. SAKURA GLOBAL CAPITAL MARKETS, INC. and Mitsui Taiyo Kobe Global Capital, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2004.

Attorney(s) appearing for the Case

William B. Pollard, III, Kornstein, Veisz, Wexler & Pollard, LLP, New York, New York (John R. Phillips, Erika Kelton, Phillips & Cohen, LLP, Washington, D.C., Marc Marmaro, Jeffer, Mangels, Butler & Marmaro, LLP, Los Angeles, California, on the brief) for Appellant.

John K. Carroll, (James D. Miller, Christopher Joralemon on the brief) Clifford Chance U.S. LLP, New York, New York, for Appellees.

Before: FEINBERG and CABRANES, Circuit Judges, and KRAVITZ, District Judge.

KRAVITZ, District Judge.

The relator in this case, Michael Lissack ("Lissack"), acting on behalf of the U.S. Government, sued the defendants ("Sakura") under the False Claims Act for damages arising from alleged false statements and claims made by Sakura in connection with a "yield burning" scheme involving tax-free municipal bonds. The False Claims Act authorizes private citizens to sue on behalf of the United States to recover treble damages from those who knowingly...

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