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United States ex rel. Shea v. Verizon Communications, Inc.
844 F. Supp. 2d 78
D.C. Cir.
2012
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Background

  • 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)
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Case Details

Case Name: United States ex rel. Shea v. Verizon Communications, Inc.
Court Name: Court of Appeals for the D.C. Circuit
Date Published: Feb 23, 2012
Citation: 844 F. Supp. 2d 78
Docket Number: Civil Action No. 07-111 (GK)
Court Abbreviation: D.C. Cir.