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U.S. v. SCIENCE APPLICATIONS INTERN. CORP.

No. 09-5385.

626 F.3d 1257 (2010)

UNITED STATES of America, Appellee v. SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2010.

Attorney(s) appearing for the Case

Theodore B. Olson argued the cause for appellant. With him on the briefs were Matthew D. McGill , Amir C. Tayrani , Ryan J. Watson , Richard O. Duvall , Jennifer A. Short , Lawrence E. Ruggiero , and John P. Rowley III .

Robin S. Conrad , Amar D. Sarwal , James J. Gallagher , and Susan A. Mitchell were on the brief of amicus curiae the Chamber of Commerce of the United States of America in support of appellant.

Jessie K. Liu , David A. Churchill , and Matthew E. Price were on the brief of amicus curiae the National Defense Industrial Association in support of appellant.

Thomas M. Bondy , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Douglas N. Letter , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this case a jury found, among other things, that appellant, a major government contractor, violated the False Claims Act (FCA), 31 U.S.C. § 3729, by seeking payments at the same time it knew it was violating contractual provisions governing potential conflicts of interest. On appeal, the contractor principally argues that no liability may attach for its claims for payment because its contract nowhere designated compliance with these conflict...

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