United States Ex Rel. Purcell v. MWI Corp.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The United States successfully brought a civil action pursuant to the False Claims Act (“FCA”),, 31 U.S.C. § 3729, based on certifications by MWI Corp. to the Export-Import Bank (“the Bank”) to secure loans financing MWI’s sale of water pumps to Nigeria. Although the total loan of $74.3 million was to Nigeria, the Bank required MWI to certify that it had paid only “regular commissions” to the sales agent responsible for the sales contract. A jury found the certifications were false and awarded the government $7.5…