ACLJ Wins 9th Circuit Appeal in Massive Fraud Case Against Planned Parenthood Affiliates in California | American Center for Law and Justice
  Search  |  Login  |  Register

1308682626000

(Washington, DC) The United States Court of Appeals for the Ninth Circuit has ruled in favor of the American Center for Law and Justices (ACLJ) client in a multi-million dollar fraud case against Planned Parenthood (PP) affiliates in California.  ACLJ attorneys are representing a former employee of the PP affiliate in Los Angeles, who is now a federal whistleblower.  A federal district court in California had dismissed the case, but the Ninth Circuits ruling, dated yesterday, reinstates the lawsuit.

This is a tremendous victory, said Jay Sekulow, Chief Counsel of the ACLJ.  While this case is by no means over, winning this appeal means we have gotten the federal claim over the threshold hurdles and can now get down to the heart of this case: the alleged fraud.

The federal False Claims Act (FCA) forbids government contractors from submitting false or fraudulent claims for payment. The FCA also authorizes private individuals to bring suit against the offenders to recover the fraudulently obtained funds.

The allegation in this case is that PP affiliates in California illegally marked up the supposed cost of various birth control drugs when seeking government reimbursement, resulting in tens of millions of dollars of overbilling at taxpayer expense.  State audits in both California and Washington State have found PP affiliates guilty of overbilling.

When a former PP staffer sued the PP affiliates in federal court, charging the defendants with having fraudulently overbilled the state and federal governments in the amount of tens of millions of dollars, a prominent law firm began representing the PP defendants in the case at no cost to the defendants. The PP attorneys asked the federal district court to dismiss the case on technical jurisdictional grounds.

The federal district court accepted their arguments in part, and dismissed the case.  ACLJ attorneys then entered the case to handle the appeal.

The question on appeal was whether the former PP employee is a proper whistleblower under the False Claims Act, said Sekulow. We contended that the answer is Yes, and now a three-judge panel of the Ninth Circuit has unanimously agreed with us.

The ACLJs opening brief had dissected and refuted the arguments of PPs attorneys point by point, explaining why the court of appeals should reverse the lower courts judgment and reinstate the lawsuit.  You can read the ACLJ opening brief here.

ACLJ attorneys subsequently filed a reply brief and two supplemental briefs addressing intervening developments in the law.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. 

Latest in
Pro Life

What Does It Really Mean to Be Pro-Life?

By Palmer Williams1471444692771

Over the past four decades, since abortion was legalized in Roe v. Wade , the term “pro-life” has been distorted and discredited. We are told that if we are pro-life we don't care about babies outside the womb, even as we care for men, women, and children through non-profits, ministries, and...

read more

How Abortion Affects Real Women

By Palmer Williams1470689715243

As women, the abortion industry tells us that they empower us . They tell us that as women we can only attain success and happiness if we have full access to abortions with no restrictions. They tell us that abortion doesn’t hurt, it isn’t dangerous, and it will solve all of our problems. They tell...

read more

Abortion: Empowerment or Exploitation?

By Nicole Smith1470411839881

“I am woman, hear me roar!” The mantra of the western feminist elite is representative of an idea that has led to the end of tens of millions of lives in the United States and countless more around the globe. Though this slogan was intended to be a rallying call for female empowerment, it has...

read more

Four Things About the Hyde Amendment

By Palmer Williams1470407506328

Since 1980, a small line item in the annual Health and Human Services appropriations bill has passed with little fanfare. Yet in recent months, the so-called Hyde Amendment – which bans federal tax dollars from paying for abortions – has made headlines and received significant attention as Planned...

read more