U.S. EX REL. DRC, INC. v. CUSTER BATTLES, LLC

No. 07-1220.

562 F.3d 295 (2009)

UNITED STATES of America ex rel. DRC, INCORPORATED, ex rel. Robert J. Isakson; William D. Baldwin, Plaintiffs-Appellants, v. CUSTER BATTLES, LLC; Secure Global Distribution, a resident of Lebanon; Middle East Leasing, a Cayman Islands entity; Custer Battles Levant, a Lebanese entity; Scott Custer, County of Fairfax, Virginia; Michael Battles, State of Rhode Island; Joseph Morris, Defendants-Appellees, and Murtaza Lakhani, a citizen of Pakistan who resides in Canada and Iraq; Laru, Limited; Mohammed Issam Abu Darwish, a citizen of Lebanon who resides in Lebanon and Iraq, Defendants. Taxpayers for Common Sense; Taxpayers Against Fraud Education Fund; United States of America, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: April 10, 2009.


Attorney(s) appearing for the Case

ARGUED: Douglas Neal Letter, United States Department of Justice, Washington, D.C., for the United States of America, Amicus Supporting Appellants; Alan Mark Grayson, Grayson & Kubli, P.C., Vienna, Virginia, for Appellants. Barbara Van Gelder, Morgan, Lewis & Bockius, L.L.P., Washington, D.C.; Robert Thomas Rhoad, Crowell & Moring, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Victor A. Kubli, Grayson & Kubli, P.C., Vienna, Virginia, for Appellants. Salvatore A. Romano, Porter, Wright, Morris & Arthur, L.L.P., Washington, D.C., for Appellees Custer Battles, LLC, Secure Global Distribution, a resident of Lebanon, Middle East Leasing, a Cayman Islands entity, Custer Battles Levant, a Lebanese entity, Scott Custer, County of Fairfax, Virginia, and Michael Battles, State of Rhode Island; Andrew M. Miller, Wiley Rein, L.L.P., Washington, D.C., for Appellee Joseph Morris. Daniel Schumack, Schumack Ryals, P.L.L.C., Fairfax, Virginia, for Taxpayers for Common Sense, Amicus Supporting Appellants. James W. Moorman, Joseph E.B. White, Taxpayers Against Fraud Education Fund, Washington, D.C., for Taxpayers Against Fraud Education Fund, Amicus Supporting Appellants. Peter D. Keisler, Assistant Attorney General, Scott R. McIntosh, Attorney, Appellate Staff, United States Department of Justice, Washington, D.C.; Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for the United States of America, Amicus Supporting Appellants.

Affirmed in part, reversed in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.


OPINION

NIEMEYER, Circuit Judge:

In this qui tam action,* the relators, on behalf of the United States, alleged fraud perpetrated by Custer Battles, LLC, in making fraudulent statements or submitting fraudulent invoices on two contracts entered into in 2003 with the Coalition Provisional Authority in Iraq, in violation of the False Claims Act, 31 U.S.C. §§ 3729-3732. The Coalition Provisional Authority was a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases