litigants and the courts. I believe that the number of qui tam actions
will steadily increase as more and more programs become funded by federal
money. Quite obviously, corporations and individuals entitled to payments
from federal funds will try, legitimately, to increase the amount of
payments receivable from the government and thus increase profits. The
many regulations and procedures for handling and processing claims from
governmentally sponsored programs will become increasingly complex and
uncertain as to what payments may properly be claimed. This will
undoubtedly give rise to more and more claims for payment from the
government under questionable circumstances. No doubt the number of qui
tam cases that will be filed under the False Claims Act will increase.
Indeed, one of the principal purposes of the most recent amendments to
the Act was to encourage meritorious qui tam actions.
I hope that the Third Circuit Court of Appeals will see fit, at the
next opportunity, to review the False Claims Act, in banc, and answer at
least some of the knotty questions that will continue to crop up. I also
hope that the United States Supreme Court will take the first opportunity
it has to review the several intercircuit conflicts as to the law.*fn12
It is unfair to litigants, both the government, defendants and qui tam
relators to be needlessly unsure of the applicable law. At the very
least, because of inter-circuit conflicts as to interpretation of the
statute, it forces litigants and litigants' attorneys, wherever
possible, to attempt to choose the most favorable jurisdiction; i.e.
"forum shop." This should not have to occur when actions are filed under
a federal statute that should be applied and interpreted uniformly
throughout the land.
Judgment will be entered in favor of Mr. Merena, the qui tam relator
plaintiff, in the sum of $26,075,267.20.
All factual statements and all legal conclusions contained in this
opinion shall be deemed findings of fact and conclusions of law, and all
prior findings of fact and conclusions of law contained in the opinion
filed on April 8, 1988, not inconsistent with this opinion, shall also be
deemed as additional findings of fact and conclusions of law.
AND NOW, this 31st day of August, 2000, for the reasons set forth in
the accompanying opinion, it is hereby
ORDERED as follows:
1. In Civil Action No. 93-5974, judgment is entered in favor of the
relator ROBERT J. MERENA and against the UNITED STATES OF AMERICA in the
sum of $26,075,267.20.
2. In Civil Action No. 95-6953, judgment is entered in favor of the
UNITED STATES OF AMERICA and against the relators GLENN GROSSENBACHER and
CHARLES W. ROBINSON.