[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 07-11170 ELEVENTH CIRCUIT May 20, 2008 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 99-00938 CV-ASG RICHARD FEINGOLD, individually and ex rel. United States of America, UNITED STATES OF AMERICA, Plaintiffs-Appellants, versus PALMETTO GOVERNMENT BENEFITS ADMINISTRATORS, JOHN DOE, etc., Defendants-Appellees.

________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (May 20, 2008) Before ANDERSON, HULL and SILER,* Circuit Judges.

PER CURIAM: _______________ *Honorable Eugene Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.

After oral argument and careful consideration, we readily conclude that the judgment of the district court is due to be affirmed. With respect to Counts III and IV of the complaint, we conclude that we are bound by our prior panel opinion in United States ex rel. Body v. Blue Cross and Blue Shield of Alabama, Inc., 156 F.3d 1098 (11th Cir. 1998). Accordingly, defendants are immune with respect to the allegations of Counts III and IV.

With respect to Counts I and II, we conclude that the district court committed no reversible error in dismissing those counts for failure to comply with Fed.R.Civ.P. 9(b).

Accordingly, the judgment of the district court is AFFIRMED.