United States v. Jomes Howard Borth

PICKETT, Circuit Judge.

The United States brought this action to recover damages and the $2,000 statutory forfeiture provided for under the False Claims Act, 31 U.S.C.A. § 231. 1 The trial court entered a summary judgment in favor of the defendant. The determinative question presented is whether a false statement of an honorably discharged veteran of the armed services of the United States, made for the purpose of obtaining admission and free medical treatment in a Veterans’ Administration hospital, creates a liability under the aforesaid statute. We agree with the trial court that it does…