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U.S. EX REL. AHUMADA v. NISH

No. 13-1672.

756 F.3d 268 (2014)

UNITED STATES ex rel. Mike AHUMADA, Plaintiff-Appellant, and Eric H. Holder, Jr., Attorney General, Plaintiff, v. NISH; Green Bay Packaging Inc.; International Paper Company, Incorporated; Smurfit-Stone Container Corporation; Weyerhaeuser Company, Defendant-Appellees, and National Center for Employment of the Disabled, now known as ReadyOne Industries; Bob Jones, a/k/a Robert E. Jones; Does 1-100, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2014.

Attorney(s) appearing for the Case

ARGUED: Martin E. Restituyo, Law Offices of Martin E. Restituyo, New York, New York, for Appellant. Robert Carton Weaver, Jr., Garvey Schubert Barer, Portland, Oregon; Matthew Allen Fitzgerald, McGuirewoods, LLP, Richmond, Virginia, for Appellees. ON BRIEF: Victor M. Glasberg, Victor M. Glasberg & Associates, Alexandria, Virginia; Mark C. Rifkin, Wolf Haldenstein Adler Freeman & Herz LLP, New York, New York, for Appellant. Charles William McIntyre, Jr., Franklin Darley Annand, Washington, D.C., Jeremy S. Byrum, McGuirewoods, LLP, Richmond, Virginia; Seth A. Rosenthal, Washington, D.C., Michael Wayne Robinson, Venable, LLP, Tysons Corner, Virginia; John Francis Henault, Jr., Perkins Coie, LLP, Washington, D.C.; Paul H. Trinchero, Benjamin J. Lambiotte, Garvey Schubert Barer, Portland, Oregon; Lynn F. Jacob, Williams Mullen, P.C., Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge NIEMEYER and Senior Judge HAMILTON joined.

DIAZ, Circuit Judge:

Mike Ahumada, as relator, filed this qui tam action on behalf of the United States under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729 et seq. In his first amended complaint, Ahumada alleges that his former employer, the National Center for Employment of the Disabled ("NCED"), along with other defendants, defrauded the government through various schemes in connection with contracts pursuant to the Javits-Wagner-O'Day Act, 41...

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