United States ex rel. Shea v. Verizon Communications, Inc.
844 F. Supp. 2d 78
D.C. Cir.2012Background
- Relator Stephen Shea filed a False Claims Act complaint on Jan 17, 2007 alleging MCI/Verizon overcharged the United States on FTS 2001 and FTS 2001-Bridge contracts.
- The United States intervened and settled in Feb 2011 for $93.5 million (including interest); SUFS refunds added $3 million recovered in 2008.
- Relator received an advance of $13,725,000 (about 15% of the first $91.5 million) pending final fees disposition.
- Relator moved on Jul 27, 2011 for an additional share, seeking about $7.48 million more (total about $21 million).
- The Court awarded 20% of the $93.5 million recovery to Shea and 15% of the $3 million SUSF recovery, denying recovery of the GSA Management Services fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What percentage share is appropriate for the Relator? | Shea substantially contributed; deserves 20% of main recovery. | Government contends contribution was less direct; percentage should be lower. | Relator awarded 20% of the $93.5 million recovery. |
| Is Relator entitled to 15% of the $3 million SUSF recovery? | Relator contributed; should receive substantial portion of SUSF refund. | Relator contributed minimally to SUSF recovery; 15% baseline appropriate. | Relator awarded 15% of the $3 million SUSF recovery. |
| May Relator recover the GMS fee portion of $1,322,248? | GMS overlap with relator’s claims warranted share. | GMS fee not implicated by the complaint; no overlap. | Relator denied any share of the GMS fee. |
Key Cases Cited
- United States ex rel. Quorum Health Group, Inc., 171 F. Supp. 2d 1323 (M.D. Fla. 2001) (factors guiding relator’s share analysis; framework relied upon by court)
- U.S. ex rel. Johnson-Pochardt v. Rapid City Regional Hosp., 252 F. Supp. 2d 892 (D. S. D. 2003) (Senate factors and analysis of relator’s contribution and government knowledge)
- U.S. ex rel. Pedicone v. Mazak Corp., 807 F. Supp. 1350 (S.D. Ohio 1992) (permissible to award substantial relay even when case settles before trial)
