11th Circ. Revives $248M Veterans Mortgage Fraud Suit

Law360 (January 15, 2021, 10:31 PM EST) -- The Eleventh Circuit revived a whistleblower case on Friday against a defunct Florida mortgage lender that allegedly defrauded a federal veterans lending program, ruling that a lower court judge prematurely weighed evidence to toss the case.

A factfinder should have resolved the factual disputes that arose in the False Claims Act case against the now-defunct Mortgage Investors Corporation, not the Georgia federal judge who weighed conflicting evidence to settle the dispute in favor of the lender, the three-judge panel found.

"Because genuine issues of material fact remain on the element of materiality, MIC is not entitled to summary judgment," U.S. Circuit...

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