United States ex rel. Giles v. Pratt
United States ex rel. Giles v. Pratt
Opinion of the Court
MEMORANDUM
Diane P. Giles appeals pro se the district court’s order granting default judgment in
The district court correctly held that, under the False Claims Act, damages should be determined according to the actual loss suffered by the United States as a result of false claims and not according to the total cost of a contract that may have included fraudulent claims. See United States v. Bornstein, 423 U.S. 303, 317 n. 13, 96 S.Ct. 523, 46 L.Ed.2d 514 (1976).
The district court abused its discretion by refusing to conduct a hearing or take evidence on the amount of damages prior to determining that zero damages was appropriate. See Davis v. Fendler, 650 F.2d 1154,1161 (9th Cir. 1981).
The district court acted within its discretion when it awarded penalties of $10,000 per defendant, after determining that false claims submitted by each defendant related to a single “project” per defendant. See United States ex rel. Marcus v. Hess, 317 U.S. 537, 552, 63 S.Ct. 379, 87 L.Ed. 443 (1943).
We remand to the district court to permit Giles to submit evidence relevant to determination of appropriate damages.
VACATED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.