Friday, August 11, 2017

US v. Smith, No. 16-10160 (8-10-17)(Thomas w/Murguia & McCalla).  The 9th affirms the district court's order denying intervention by private parties seeking recovery of fraudulent proceeds.  Specifically, the 9th holds that a criminal forfeiture action does not constitute an "alternate remedy" to a civil qui tam (bringing an action on the government's behalf) by a private party (termed a relator) under the False Claims Act, entitling a relator to intervene in the criminal action and recover a share of the proceeds under 31 U.S.C. ยง3730(c)(5).

The decision is here:


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