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United States ex rel Kirk v. Schindler Elevator Corp.

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Argued: December 10, 2009

Before MCLAUGHLIN, KATZMANN, and LYNCH, Circuit Judges.

The Vietnam Era Veterans Readjustment Assistance Act (“VEVRAA”), 38 U.S.C. § 4212, requires contractors doing business with federal government entities to submit annual reports to the Secretary of Labor providing information about the number of veterans employed by the contractor (the “VETS-100 reports”). Plaintiff-Appellant Daniel Kirk brought this qui tam action on behalf of the United States government under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., alleging that his former employer, Defendant-Appellee Schindler Elevator Corp. (“Schindler”), obtained government contracts while representing that it had filed the required VETS-100 reports, when in fact it either had failed to file a report or had filed a false report for the relevant years. Kirk based his allegations in large part on information he obtained after submitting requests under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552.

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