United States v. Brethauer

JOHN W. OLIVER, District Judge.

This action pends on the motion of both defendants to dismiss both the first and second claims of the Government’s First Amended Complaint.

The first claim is based upon the False Claims Act (Title 31, United States Code, Sections 231-235). In substance, that claim alleges that defendant Brethauer held concessionaire contracts with the Fort Leonard Wood Exchange which provided that he would remit and pay over to the Exchange a specific percentage of the gross receipts of the operation; that defendant Brethauer fraudulently concealed and misrepresented the actual…