Defendant’s Reasonable Interpretation of Ambiguous Regulation Negates FCA Liability
Client Alert | less than 1 min read | 12.01.15
The D.C. Circuit overturned a jury verdict against MWI Corp., represented by C&M, in a long-running civil FCA suit in which the government asserted claims for approximately $225 million in trebled damages (plus additional civil penalties), alleging that false claims and statements were submitted to the Export-Import Bank in connection with eight loans to Nigeria for the purchase of MWI's water pumps. The court held that there was no evidence that the government "had officially warned MWI away from its otherwise facially reasonable interpretation of [an] undefined and ambiguous [regulatory] term" and ruled that, in such a situation, the FCA's knowledge/scienter element cannot be established.
Contacts
Insights
Client Alert | 7 min read | 10.21.26
Securities Law for Entrepreneurs
Do you want your startup to expand and become a major player in your industry? If so, you will most likely need to seek capital from outside investors to help you build infrastructure and fulfill orders.
Client Alert | 5 min read | 09.21.26
Congressional Letter Puts Spotlight on Unenforceable Secrecy Demands in Federal Subpoenas
Client Alert | 4 min read | 09.21.26
In a First, District Court Dismisses FCA Cybersecurity Complaint for Lack of Materiality
Client Alert | 8 min read | 09.18.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection: Part 2
