United States ex rel. Simoneaux v. E.I. duPont de Nemours & Co.

摘要

Chemical manufacturer was entitled to judgment on claim alleging it violated reverse false claim provision of False Claims Act in failing to report leaks of sulfur dioxide and sulfur trioxide to Environmental Protection Agency as required by Section 8(3) of Toxic Substances Control Act, because: (1) FCA only authorizes claim if party knowingly and improperly avoids established obligation to pay United States; (2) even though Fraud Enforcement and Recovery Act amended FCA to clearly not require that amount of obligation be fixed, under FCA obligation to pay must itself be established for liability to attach; and (3) unassessed discretionary penalties for alleged TSCA violations are contingent and not established obligations under FCA.