Bishop v. Wells Fargo & Co.

KATZMANN, Chief Judge:

At the heart of the case before us is the False Claims Act (“FCA”), which forbids “knowingly presenting], or causing] to be presented, a false or fraudulent claim for payment or approval” to the United States government. 31 U.S.C. § 3729(a)(1)(A). In 2011, Robert Kraus and Paul Bishop (together, the “relators”) brought a qui tam action under the FCA on behalf of the United States against Wells Fargo & Company and Wells Fargo Bank, N.A. (together, ‘Wells Fargo”). The relators’ claims hinge on what they allege to be massive control fraud perpetrated by Wachovia Bank and…