Hutchins v. Wilentz Goldman ( 2001 )

Opinions of the United
2001 Decisions States Court of Appeals
for the Third Circuit
8-16-2001
Hutchins v. Wilentz Goldman
Precedential or Non-Precedential:
Docket 98-6248
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Recommended Citation
"Hutchins v. Wilentz Goldman" (2001). 2001 Decisions. Paper 180.
http://digitalcommons.law.villanova.edu/thirdcircuit_2001/180
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Filed August 16, 2001
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 98-6248 & 98-6339
CHARLES T. HUTCHINS
v.
WILENTZ, GOLDMAN & SPITZER;
LOUIS DeLUCIA;
JOHN DOES "1" THROUGH JOHN DOES "3";
JOAN LAVERY
(Newark D.C. Civil No. 96-4678)
CHARLES T. HUTCHINS
v.
ABC CORP., SEALED
(Newark D.C. Civil No. 96-5988)
Charles T. Hutchins,
Appellant
On Appeal from the United States District Court
for the District of New Jersey
D.C. Civil Action Nos. 96-cv-04678 & 96-cv-05988
(Honorable Katharine S. Hayden)
Argued February 8, 2001
Before: SCIRICA, McKEE and STAPLETON, Circuit Judges
ORDER AMENDING SLIP OPINION
IT IS HEREBY ORDERED that the slip opinion in the
above case, filed June 13, 2001, be amended as follows:
Page 2, lines 5-6 of the introductory paragraph, which
read:
"fraudulent claims that cause economic loss to the
government."
shall read:
"fraudulent claims that cause or would cause economic
loss to the government."
Page 8, lines 1-6, which read:
"Claims Act a plaintiff must prove: (1) the defendant
presented or caused to be presented to an agent of the
United States a claim for payment; (2) the claim was
false or fraudulent; (3) the defendant knew the claim
was false or fraudulent; and (4) the United States
suffered damages as a result of the false or fraudulent
claim."
shall read:
"Claims Act a plaintiff must prove: (1) the defendant
presented or caused to be presented to an agent of the
United States a claim for payment; (2) the claim was
false or fraudulent; and (3) the defendant knew the
claim was false or fraudulent."
Page 8, lines 14-17, which read:
"The crux of the dispute is whether the submission of
these fraudulent bills was a ``false claim for payment or
approval' that caused damage to the United States
government."
shall read:
"The crux of the dispute is whether the submission of
these fraudulent bills was a ``false claim for payment or
approval.' "
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Page 8, lines 18-19, which read:
"Hutchins contends that even if no government money
were expended from the United States Treasury in
connection"
shall read:
"Hutchins contends that even if no claim were made
against United States Treasury money in connection"
Page 8, line 32, which reads:
"does not cause the government economic loss"
shall read:
"would not cause the government economic loss"
Page 9, line 19. Before the sentence beginning,"As the
Supreme Court recognized," insert:
"While ``recovery under the [False Claims Act] is not
dependent upon the government's sustaining monetary
damages,' Varljen v. Cleveland Gear Co., Inc. , 250 F.3d
426, 429 (6th Cir. 2001), the Act is only intended to
cover instances of fraud ``that might result in financial
loss to the Government.' Neifert-White, 390 U.S. at
232."
Page 10, line 20, which reads:
"which causes economic loss to the United States"
shall read:
"which attempts to or actually causes economic loss to
the United States"
Page 11, lines 1-4, which read:
"For these reasons, we hold the submission of false
claims to the United States government for approval
which do not cause financial loss to the government
are not within the purview of the False Claims Act."
shall read:
"For these reasons, we hold the submission of false
claims to the United States government for approval
which do not or would not cause financial loss to the
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government are not within the purview of the False
Claims Act."
Page 11, line 9, which reads:
"these claims result in economic loss to the United
States"
shall read:
"these claims would result in economic loss to the
United States"
Page 12, line 16, which reads:
"caused economic loss to the United States Treasury."
shall read:
"caused or would cause economic loss to the United
States Treasury."
BY THE COURT:
/s/ Anthony J. Scirica
Circuit Judge
DATED: August 16, 2001
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
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