4th Circ. Could Guide Courts On Constitutional FCA Fines

Law360, New York (June 18, 2013, 12:54 PM EDT) -- The Fourth Circuit recently heard oral argument in United States ex rel. Bunk v. Gosselin World Wide Moving (12-1369).[1] During oral argument, the panel explored, among other issues, how to calculate fines under the False Claims Act when the minimum fine called for by the statute violates the Eighth Amendment of the Constitution.

While the panel in Bunk did not address the Eighth Amendment issues directly, it is poised to answer a series of questions that will have considerable practical significance for FCA defendants. Indeed, as...
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