MCNUTT EX REL. U.S. v. HALEYVILLE MEDICAL SUPPLIES

No. 04-14458.

423 F.3d 1256 (2005)

Brent McNUTT, for the use and benefit of UNITED STATES of America ex rel., Plaintiff-Appellee, v. HALEYVILLE MEDICAL SUPPLIES, INC., City Pharmacy of Haleyville, Care Medical of Jasper, Inc., Care Pharmacy, Inc., Winfield Medical Supply, Inc., Gerald Max Burleson, Frances R. Burleson, Defendants-Appellants,

United States Court of Appeals, Eleventh Circuit.

September 9, 2005.


Attorney(s) appearing for the Case

Sandra L. Vinik, Daniel J. Burnick, Sirote & Permutt, P.C., Birmingham, AL, for Defendants-Appellants.

Steven I. Frank, Douglas N. Letter, U.S. Dept. of Justice, Civ. Div., Washington, DC, for McNutt.

Before CARNES and PRYOR, Circuit Judges, and FORRESTER, District Judge.


PRYOR, Circuit Judge:

The question in this interlocutory appeal is whether a violation of the Anti-Kickback Statute can form the basis for a qui tam action under the False Claims Act. Gerald and Frances Burleson routinely provided medical services for which they submitted claims for reimbursement to Medicare, and each year, the Burlesons certified that they complied with the Anti-Kickback Statute. Because it is undisputed that a violator of the Anti-Kickback...

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