U.S. EX REL. BABALOLA v. SHARMA

No. 13-20182.

746 F.3d 157 (2014)

UNITED STATES of America, ex rel; Samuel BABALOLA; Kayode Samuel Adetunmbi, Plaintiffs-Appellants United States of America, Appellee v. Arun SHARMA, doing business as Allergy Asthma Arthritis & Pain Center; Kiran Sharma, doing business as Allergy Asthma Arthritis & Pain Center, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 14, 2014.


Attorney(s) appearing for the Case

Joel M. Androphy, Esq. , Christopher Lee Gadoury , Berg & Androphy, Houston, TX, for Plaintiffs-Appellants.

Christine Noel Kohl , Michael S. Raab , U.S. Department of Justice Civil Division, Appellate Staff, Elizabeth Young , U.S. Department of Justice Office of Immigration Litigation, Washington, DC, Jose Vela, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Appellee.

Chris Flood , Flood & Flood, Dan Lamar Cogdell, Esq. , Cogdell Law Firm, Houston, TX, for Defendants-Appellees.

Before KING, BENAVIDES, and DENNIS, Circuit Judges.


FORTUNATO P. BENAVIDES, Circuit Judge:

This appeal is from the grant of partial summary judgment in favor of the United States in a qui tam action under the False Claims Act. The two relators filed the instant suit against their former employers, alleging that the defendants had defrauded the Government by filing tens of millions of dollars in fraudulent Medicare and Medicaid claims. Prior to the filing of this qui tam suit, the Government had criminally prosecuted...

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