U.S. EX REL. PURCELL v. MWI CORP.

Nos. 14-5210, 14-5218.

807 F.3d 281 (2015)

UNITED STATES of America ex rel. Robert R. PURCELL, Appellant/Cross-Appellee. Robert R. Purcell, Cross-Appellee. v. MWI CORPORATION, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 2015.


Attorney(s) appearing for the Case

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for appellant/cross-appellee United States of America. With her on the briefs were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen, Jr. , Acting U.S. Attorney, and Michael S. Raab , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Brian Tully McLaughlin and Robert T. Rhoad argued the causes for appellee/cross-appellant MWI Corporation. With them on the brief were Charlotte E. Gillingham and Jason C. Lynch .

Joseph J. Aronica argued the cause and filed the brief for cross-appellee Robert R. Purcell.

Douglas W. Baruch and Jennifer M. Wollenberg were on the brief for amicus curiae National Association of Manufacturers in support of defendant-appellee/cross-appellant in support of reversal of the decisions finding liability under the False Claims Act.

Opinion for the Court filed by Circuit Judge ROGERS.


The United States successfully brought a civil action pursuant to the False Claims Act ("FCA"), 31 U.S.C. § 3729, based on certifications by MWI Corp. to the Export-Import Bank ("the Bank") to secure loans financing MWI's sale of water pumps to Nigeria. Although the total loan of $74.3 million was to Nigeria, the Bank...

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