United States Ex Rel. Salzman v. Salant & Salant, Inc.

PATTERSON, District Judge.

An informer’s action under sections 3490-3494 of the Revised Statutes, 31 U.S.C.A. §§ 231-235, may be maintained where the defendant has violated section 5438, 18 U.S.C.A. §§ 80, 82-86, as that section read when it was adopted by reference into section 3490. United States ex rel. Kessler v. Mercur Corporation, 2 Cir., 83 F.2d 178. As section 5438 stood at the time of the enactment of section 3490 it forbade the presentation of false claims against the government or any department or officer thereof, and it also forbade any agreement, combination or conspiracy to…