United States Ex Rel. Bowan v. Education America, Inc. , 116 F. App'x 531 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
November 30, 2004
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 04-20384
Summary Calendar
United States of America, ex rel, JAMES BOWAN,
Plaintiff-Appellant,
versus
EDUCATION AMERICA, INC.; JERALD M. BARNETT, JR.;
PEDRO DEGUZMAN, ERIN J. HINKLE; KARON J. ROSA;
BOB SEELEY; SUZETTE GOODMAN,
Defendants-Appellees.
Appeal from the United States District Court for
the Southern District of Texas
(USDC No. 4:00-CV-3028)
_______________________________________________________
Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.
PER CURIAM:*
The district court ruled correctly in its memorandum and order of January 7,
2004. False certifications of compliance with applicable regulations and statutes
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited circumstances
set forth in 5TH CIR. R. 47.5.4.
governing participation in federal student financial aid programs under Title IV of
the Higher Education Act did not constitute a basis for imposing liability on the
defendants under the False Claims Act because the relator did not allege that the
defendants made certifications of compliance with particular regulations on which
payment was conditioned. U.S. ex rel Graves v. ITT Educational Services, Inc.,
284 F. Supp. 2d 487 (S.D. Tex. 2003). AFFIRMED.
2