STONER v. SANTA CLARA COUNTY OFFICE OF EDUC.

No. 04-15984.

502 F.3d 1116 (2007)

John David STONER, individually; United States of America, ex rel. John David Stoner, Plaintiffs-Appellants, and The State of California; County of Santa Clara, Plaintiffs, v. SANTA CLARA COUNTY OFFICE OF EDUCATION; East Side Union High School District; Colleen B. Wilcox; Joe Fimiani; David Wong, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2007.


Attorney(s) appearing for the Case

John David Stoner, Sunnyvale, CA, for himself.

Peter D. Keisler, Assistant Attorney General; Kevin V. Ryan, United States Attorney; Douglas N. Letter, Appellate Litigation Counsel, Civil Division, U.S. Department of Justice, Washington, D.C., as amicus curiae, by special leave of court.

Mark E. Davis and Marc J. Cardinal, Needham, Davis, Kirwan & Young LLP, San Jose, CA, for the appellees.

Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LEONARD B. SAND, Senior District Judge.


IKUTA, Circuit Judge:

Under the False Claims Act ("FCA"), "[a]ny person" who, among other things, "knowingly presents, or causes to be presented, to an officer or employee of the United States Government ... a false or fraudulent claim for payment or approval" is liable to the Government for a civil penalty, treble damages, and costs. 31 U.S.C. § 3729(a)(1). The FCA authorizes a private person, known as a relator, to bring a qui tam civil action "for a...

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