A respondent on certiorari may urge in support of the judgment a ground which was rejected by the District Court and not considered in the Circuit Court of Appeals. Considerations of policy in permitting qui tam actions in the circumstances of this case are for Congress, and not the courts. § 5438 is not barred by the fact that the offenders have been indicted and, on pleas of nolo contendere, fined for defrauding the Government in connection with the same transactions nor by the fact that the complainant may have obtained his information from the indictment, and may have contributed nothing to the discovery of the crime. § 3490 provides shall be forfeited and paid to the United States by violators of R.S. §§ 3491-3493 authorizes "any person" to bring for the recovery of the sums which R.S. § 5438, taken together, indicate a purpose to reach any person who knowingly assisted in causing the Government to pay claims which were grounded in fraud, without regard to whether the person had direct contractual relations with the Government. The first, second, and third clauses of R.S. § 5438 cannot be said to have one meaning in criminal prosecutions and another in qui tam suits. § 5438 is to be construed not with the "utmost strictness," but according to its fair intendment. The work was done under constant federal supervision.Ģ. Payment was then made from a joint construction bank account containing both federal and local funds. It was a prerequisite to the contractors' payment by the local sponsors that these estimates be filed, transmitted to, and approved by, the PWA authorities. 542.Ĭompetitive bidding was a federal requirement all bidders were fully advised that these were PWA projects, and many, if not most, of the contractors certified that their bids were "genuine, and not sham or collusive." While payment itself, in the sense of the direct transferring of checks, was done in the name of local authorities, monthly estimates for payment were submitted by the contractors to the local sponsors on PWA forms which showed the Government's participation in the work and called attention to other federal statutes prohibiting fraudulent claims. Held applicable to contractors who, by collusive bidding, obtained contracts with municipalities and school districts of a State for work on federal Public Works Administration projects, and who were paid for their work under the contracts largely with funds granted by the federal Public Works Administrator. any claim upon or against the Government of the United States. Section 5438 of the Revised Statutes, which subjects to the penalties therein prescribed Continued abuse of our services will cause your IP address to be blocked indefinitely.1. Please fill out the CAPTCHA below and then click the button to indicate that you agree to these terms. If you wish to be unblocked, you must agree that you will take immediate steps to rectify this issue. If you do not understand what is causing this behavior, please contact us here. If you promise to stop (by clicking the Agree button below), we'll unblock your connection for now, but we will immediately re-block it if we detect additional bad behavior. Overusing our search engine with a very large number of searches in a very short amount of time.Using a badly configured (or badly written) browser add-on for blocking content. Running a "scraper" or "downloader" program that either does not identify itself or uses fake headers to elude detection.Using a script or add-on that scans GameFAQs for box and screen images (such as an emulator front-end), while overloading our search engine.There is no official GameFAQs app, and we do not support nor have any contact with the makers of these unofficial apps. Continued use of these apps may cause your IP to be blocked indefinitely. This triggers our anti-spambot measures, which are designed to stop automated systems from flooding the site with traffic. Some unofficial phone apps appear to be using GameFAQs as a back-end, but they do not behave like a real web browser does. Using GameFAQs regularly with these browsers can cause temporary and even permanent IP blocks due to these additional requests. If you are using Maxthon or Brave as a browser, or have installed the Ghostery add-on, you should know that these programs send extra traffic to our servers for every page on the site that you browse.The most common causes of this issue are: Your IP address has been temporarily blocked due to a large number of HTTP requests.
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