SBA, As Receiver, Not 'Gov't' In FCA Case, 3rd Circ. Says

Law360, New York (May 19, 2017, 4:51 PM EDT) -- The Third Circuit has refused to revive a former executive's reverse False Claims Act suit against a software company for allegedly avoiding its obligation to pay accrued dividends to a shareholder being run by the U.S. Small Business Administration, saying the agency was acting as a receiver and not a governmental actor.

In an issue of first impression for the court, a circuit panel ruled that the SBA, when acting as a receiver, did not qualify as the “government” for the purposes of Andre Petras' FCA...
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Case Information

Case Title

Andre Petras v. Simparel Inc, et al

Case Number



Appellate - 3rd Circuit

Nature of Suit

3375 Other Statutes: False Claims Act

Date Filed

December 31, 2015

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