Energy Cos. Owe US $10M For Sham Fees, Fed. Circ. Affirms

Law360 (May 21, 2020, 9:00 PM EDT) -- The Federal Circuit affirmed Thursday that the government could recover $10 million in cash grants from two wind farm companies because they engaged in sham transactions to inflate the size of the grants.

The Federal Circuit upheld a lower court's finding that the government overpaid $4.4 million to Bishop Hill Energy LLC and $5.6 million to California Ridge Wind Energy LLC through a program of energy grants in lieu of tax credits. The reason, the court said, is that development fees paid to the companies' parent shouldn't have been included in the grant calculations.

"The agreement-specified development fees do not reliably...

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