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United States ex rel. Taxpayers Against Fraud v. General Electric Co.

41 F.3d 1032 (1994)

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United States ex rel. Taxpayers Against Fraud v. General Electric Co.

United States Court of Appeals for the Sixth Circuit
41 F.3d 1032 (1994)

SC

Facts

General Electric Aircraft Engines, a consolidated affiliate of General Electric Co. (GE) (plaintiff) sold aircraft engines and related equipment and services to the Israeli Ministry of Defense. As part of the United States’ aid to Israel, the United States paid for the equipment and services. Taxpayers Against Fraud (TAF) (plaintiff) filed a qui tam action against GE under the federal False Claims Act. TAF claimed that GE had billed the United States for false claims. The United States government intervened and took over prosecution of the case. The parties reached a settlement, with GE agreeing to pay more than $75 million to the United States, including $59.5 million in civil damages. TAF and the United States reached a settlement agreeing that TAF’s share of the civil damages was approximately $11.3 million. TAF then filed a motion to recover its attorneys’ fees from GE. The district court awarded TAF attorneys’ fees of over $2.5 million. GE appealed, arguing that the qui tam provision in the False Claims Act was unconstitutional because it usurped the prosecutorial function of the Executive Branch.

Rule of Law

Issue

Holding and Reasoning (Boggs, J.)

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