No. 19-7139.

3 F.4th 412 (2021)

UNITED STATES of America, EX REL. Paul A. Cimino, and Paul A. Cimino, Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2021.

Attorney(s) appearing for the Case

Tejinder Singh argued the cause for appellant. With him on the briefs was Daniel H. Woofter .

Amanda L. Mundell argued the cause for amicus curiae the United States in support of appellant. With her on the brief were Joseph H. Hunt , Assistant Attorney General, Timothy J. Shea , United States Attorney, and Charles W. Scarborough , Attorney.

Catherine E. Stetson argued the cause for appellee. With her on the brief were Jonathan L. Diesenhaus and Matthew J. Higgins .

Steven P. Lehotsky , Tara S. Morrissey , James C. Stansel , Melissa B. Kimmel , Alan Charles Raul , and Virginia A. Seitz were on the brief for amici curiae the Chamber of Commerce of the United States of America and the Pharmaceutical Research and Manufacturers of America in support of appellee.

Concurring opinion filed by Circuit Judge Rao.

This case involves the False Claims Act ("FCA") and an alleged fraud perpetrated against the Internal Revenue Service ("IRS"). According to relator Paul Cimino, the International Business Machines Corporation ("IBM") violated the FCA by (1) using a false audit to fraudulently induce the IRS to enter into a $265 million license...


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