No. 20-461

United States, ex rel., Charles W. Houpt v. Wells Fargo Bank, N.A.

Lower Court: Ninth Circuit
Docketed: 2020-10-13
Status: Denied
Type: Paid
Response Waived
Tags: accountability false-claims-act fraud fraudulent-conduct government-intervention qui-tam-relator relator sba-guarantee statute-of-limitations
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. Whether the Ninth Circuit erred in holding that a three year statute of limitations applied when this Court has settled Circuit court conflicts by finding that the ten year statute of limitations under 31 U.S.C. § 3731(b)(2) would apply for Relator pursued FCA claims where the government has not intervened.

2. Whether the bank's failure to comply with any of the strict reporting and accountability provisions of 13 CFR § 120.524(a) and (b) documenting its liquidation process including the repayment of an SBA guarantee payment raises material issues of fact as to whether it engaged in fraudulent conduct.

Question Presented (AI Summary)

Whether the Ninth Circuit erred in holding that a three year statute of limitations applied

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-20
Waiver of right of respondent Wells Fargo Bank, N.A. to respond filed.
2020-09-03
Petition for a writ of certiorari filed. (Response due November 12, 2020)

Attorneys

Charles Houpt
Nathan Miles OlsenPetersen Moss Hall & Olsen, Petitioner
Wells Fargo Bank, N.A.
Trevor L. HartPerry Law, P.C., Respondent