Supreme Court to Resolve the Scope of the FCA’s Jurisdictional “Public Disclosure Bar”

On June 22, 2009, the United States Supreme Court issued certiorari in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, No. 08-304, in order to resolve a circuit split on the question of “[w]hether an audit and investigation performed by a State or its political subdivision constitutes an ‘administrative . . . report, . . . audit, or investigation’ within the meaning of the public disclosure jurisdictional bar of the False Claims Act, 31 U.S.C. § 3730(e)(4)(A).” Petition for Writ of Certiorari at i. The Court issued certiorari shortly after the United States filed a brief as amicus curiae urging the Court to hear the case.

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