United States v. Marshall Pecore

KANNE, Circuit Judge.

After a six-year investigation, an additional two-and-one-half years of discovery and pretrial posturing, and a nine-day jury trial, Marshall Pecore and Conrad Waniger (the “defendants”) prevailed against civil charges that they violated the False Claims Act (“FCA”). Unsatisfied with just the trial victory and perhaps disturbed that the government spent nearly a decade chasing about $75,000, the defendants moved for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A), or alternatively, sanctions under Rule 37(c)(2) of the Federal…