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U.S. v. Strock

Dismissal of FCA, Fraud Claims Over 'Sham' Disabled Veterans Small Business Explained

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DECISION AND ORDERINTRODUCTION

*1 Plaintiff United States of America (“Plaintiff”) acting on behalf of the Department of Defense, Department of the Air Force (“Air Force”), Department of the Army (“Army”), Department of Veterans’ Affairs (“VA”), and the Small Business Administration (“SBA”) commenced this action alleging violations of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §3729 et seq., a common law fraud claim, and an unjust enrichment claim. ECF No.1.Currently pending before the Court are Plaintiff’s Motion for Leave to File Response to Defendants’ Notices of Supplemental Authority (“Plaintiff’s Motion”) (ECF No. 35) and Defendants’ Motions to Dismiss (ECF Nos. 13, 17, 18, 19) pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure (“FRCP”). For the following reasons, Plaintiff’s Motion is GRANTED and Defendants’ Motions to Dismiss are GRANTED.BACKGROUNDThe following facts are derived from Plaintiff’s Complaint and are assumed true for purposes of Defendants’ Motions. See DPWN Holdings (USA), Inc. v. United Air Lines, Inc., 747 F.3d 145, 147 (2d Cir. 2014).

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