The Ninth Circuit affirmed the district court's dismissal of a relator who pleaded guilty to a felony that involved the same fraudulent conduct that gave rise to the relator's qui tam suit in U.S. ex rel. Schroeder v. CH2M Hill. The FCA's § 3730(d)(3) requires dismissal of a relator from a qui tam lawsuit and precludes the relator from any recovery in the lawsuit, "[i]f the relator has been convicted of criminal conduct arising from his or her role in the violation of section 3729." In Schroeder, the Ninth Circuit concluded that this provision applied even to minor participants in the underlying alleged misconduct, who neither planned nor initiated the fraudulent scheme.
The relator, who was employed by the defendant government contractor, was involved in an underlying fraudulent scheme to bill the Department of Energy (DOE) by submitting false time cards to DOE for hourly work. After his interview by investigators, the relator pleaded guilty to a felony count of conspiracy to commit fraud. After his interview, but before pleading guilty, the relator filed suit under the FCA against his employer concerning the DOE fraud scheme. The United States intervened and moved to dismiss the relator from the lawsuit under § 3730(d)(3) as a result of his felony conviction.
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