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Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars

Apr.01.2013

In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 21, 2013), in which C&M represented the defendant, the court dismissed all claims that Academi had violated the False Claims Act by allegedly falsifying its labor invoices and failing to qualify Afghanistan-based security personnel on certain weapons properly. The court held that public disclosure barred both claims because they either had been publicly disclosed in the media or in an earlier qui tam action brought against Academi (resulting in a judgment in favor of Academi with C&M defending), but also that the labor claim was precluded by the first-to-file bar because it was based on the underlying facts in a related and earlier-filed qui tam suit that was pending when the Beauchamp complaint was filed.


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