The FCA’s public disclosure bar precludes a suit based on a fraud that’s already been alleged in another action. The relator argued she was an original source, so the bar didn’t apply. The court disagreed, finding the relator’s suit added nothing to the publicly disclosed allegations.
United States ex rel. Winnon v. Ramiro Lozano, D.D.C, No. 17-2433
- Alleged Fraud – The relator filed a qui tam action. She alleged the defendant submitted false claims to federal medical programs. The defendant moved to dismiss for failure to state a claim.
- Public Disclosure – The FCA’s public disclosure bar requires a court to dismiss an action if the same allegations have already been asserted in another suit. The court found the relator’s allegations had been publicly disclosed in another FCA action brought by the government.
- Original Source – The public disclosure doesn’t apply if (1) the relator has knowledge that materially adds to the publicly disclosed allegations, and (2) the relator provided that information to the government before filing suit. Here, the court found the relator’s knowledge did not publicly add to the disclosed. What’s more, she had not alleged in the complaint that she disclosed the information to the government before filing suit.
—Case summary by Craig LaChance, Senior Editor
