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

ACLJ Profile Completion

Verified

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

Planned Parenthood Under DOJ Investigation

By Michelle Terry1512764518767

In confirmation of news we brought you not long ago, it has now been verified by multiple news outlets that the Department of Justice is, in fact, investigating Planned Parenthood and its illegal practices, such as profiting from the sale of aborted fetal tissue. The Chairman of the Senate...

read more

ACLJ Files Second Abortion-Pill Mandate Amicus Brief

By Geoffrey Surtees1512748800000

This week, the ACLJ filed a second amicus brief in support of the Administration’s recently issued Interim Final Rules granting religious and moral exemptions to the HHS abortion-pill Mandate. Our first brief was filed last week in the case of Pennsylvania v. Trump . Like Pennsylvania, California...

read more

ACLJ Official Comments About Abortion-Pill Mandate

By Geoffrey Surtees1512494683962

When the Obama Administration first sought to coerce religious organizations, family-owned businesses, and non-profit advocacy groups into facilitating the provision of morally objectionable drugs and services (including abortion pills) as part of ObamaCare, the ACLJ took action. In addition to...

read more

Watch: Young Woman Calls Out Pro-Abortion U.N.

By ACLJ.org1512156309284

Abortion silences the voiceless before they can even speak. When a U.N. “expert” argued for the prenatal eradication of disabled children, a young woman with Down Syndrome refused to remain silent . Her life and words are a powerful testament to why every child deserves to live. In a hearing before...

read more