Fourteen years ago, Relators filed this qui tam action under the FCA against the now defunct Mortgage Investors Corporation (“MIC”), to recover monies the VA had paid when MIC allegedly added unlawful fees to VA-backed loans.
Among other things, the district court granted MIC’s motion for summary judgment on the FCA claim holding no reasonable jury could find MIC’s alleged fraud was material. The Relators appealed.
On January 15, 2021, the 11th Circuit concluded the summary judgment was improper on Relators’ FCA claim because genuine issues of material fact remain as to whether MIC’s alleged false certifications were material. Further, the 11th Circuit held that Relators’ claim is not barred by previous public disclosure.