United States v. American Heart Research Foundation, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
BOUDIN, Circuit Judge.
In this case, involving the underpayment of postage based on misrepresentations, the district court ruled that the False Claims Act, 31 U.S.C. § 3729, did not (prior to its amendment in 1986) apply to so-called “reverse false claims” whereby the government is paid less than its due. A back-up claim for unjust enrichment was dismissed on res judicata grounds. We agree with the district court on the interpretation of the False Claims Act but disagree that the unjust enrichment claim was barred by res judicata. Accordingly, we affirm in part and vacate and remand in part.
The…
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