The question
Whether E-Rate reimbursement requests are "claims" under the False Claims Act because the Government "provided" a portion of the money sought.
Wisconsin Bell, Inc. v. United States ex rel. Heath
What the Court decided
The Court affirmed that E-Rate reimbursement requests are "claims" under the False Claims Act, allowing the qui tam suit against Wisconsin Bell to proceed. The Government "provided" at least a portion of the requested money by transferring more than $100 million from the Treasury into the Universal Service Fund. That $100 million consisted of delinquent contributions the FCC and Treasury collected from carriers plus civil settlements and criminal restitution the Justice Department obtained from E-Rate wrongdoing. Because the Government supplied, furnished, or made available that portion of the money, the statutory definition in Section 3729(b)(2)(A)(ii)(I) is satisfied.
How the justices split
UnanimousThe Court's opinion
Kagan, joined by Roberts, Thomas, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson
Held for a unanimous Court that the E-Rate reimbursement requests are claims under the False Claims Act because the Government provided a portion of the money sought. The Government transferred more than $100 million from the Treasury into the Fund, an amount made up of delinquent carrier contributions collected by the FCC and Treasury and of civil settlements and criminal restitution from Justice Department enforcement against E-Rate wrongdoing. The Government did not act as a passive throughway but generated that money by extracting it from carriers and prosecuting wrongdoing, and even an intermediary can provide funds, as a proctor provides blue books and pencils to students.
Concurring
Thomas, joined by Kavanaugh, Alito
Filed a concurring opinion, joined in full by Kavanaugh and joined by Alito as to Part I.
Concurring
Kavanaugh, joined by Thomas
Filed a concurring opinion, joined by Thomas.
How we know · 5 sourced claims
The Court held that the E-Rate reimbursement requests are claims under the False Claims Act.
Source: syllabus, Held
The Government provided a portion of the requested money by transferring more than $100 million from the Treasury into the Fund.
Source: syllabus, Held
That $100 million consisted of delinquent contributions collected from carriers plus civil settlements and criminal restitution from Justice Department activities responding to E-Rate wrongdoing.
Source: syllabus, Held
Kagan delivered the opinion for a unanimous Court.
Source: syllabus, lineup
Thomas filed a concurring opinion joined by Kavanaugh and joined by Alito as to Part I, and Kavanaugh filed a concurring opinion joined by Thomas.
Source: syllabus, lineup