U.S. v. VAN DYCK

No. 16-10160.

866 F.3d 1130 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Neil A. VAN DYCK, Defendant, Nancy A. Smith; Wendy S. Johnson, Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2017.


Attorney(s) appearing for the Case

Jeremy L. Friedman (argued), Law Office of Jeremy L. Friedman, Oakland, California; Tatiana Filippova and Gary B. Callahan , Clayeo C. Arnold APLC, Sacramento, California; for Intervenors-Appellants.

Colleen M. Kennedy (argued), Assistant United States Attorney; Phillip A. Talbert , United States Attorney; United States Attorney's Office, Sacramento, California; for Plaintiff-Appellee.

Before: Sidney R. Thomas, Chief Judge, Mary H. Murguia, Circuit Judge, and Jon P. McCalla, District Judge.


OPINION

In this appeal, we consider whether a criminal forfeiture action constitutes an "alternate remedy" to a civil qui tam action under the False Claims Act, entitling a relator to intervene in the criminal action and recover a share of the proceeds pursuant to 31 U.S.C. § 3730(c)(5). We hold that it does not...

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