United States, ex rel. David Shu v. Nancy Hutt, et al.
A CASE OF FIRST IMPRESSION
LINCOLN LAW PRO SE FILING REQUIREMENT
QUESTION: WHETHER A PRO SE IS ALLOWED TO INITIALLY FILE A FALSE
CLAIMS ACT (FCA) COMPLAINT IN A DISTRICT COURT WITHOUT A
LAWYER?
Sub-Question 1
Whether all Pro Se must hire a lawyer in order to file a False Claims Act (FAC)
claim 31 U.S. Code §§3729-3733 (The Lincoln Law) in a Federal District Court or
whether the requirement for Pro Se to obtain a lawyer should be made case by case?
(In the present case, there was no private sector attorney was willing to take this
$748 false claim case on a contingency basis because the FCA reward is 15% of
$748. Petitioner could not afford to hire a private sector attorney on an hourly basis
to file the claim due to his low income status. The district judge further even
disallowed Petitioner to utilize the Legal Center in the Northern California District
Courthouse to obtain a Pro Bono and/or low cost attorney. US Government suffered
and lost $748 and yet, Petitioner suffered and lost his job. US Supreme Court
reaffirmed that pro se plaintiffs are entitled to enforce their own independent rights
to file FCA claim in federal court under 28 U.S. Code §1654 and therefore should be
allowed to file FCA claims)
Sub-Question 2
Whether a Pro Se can file a False Claims Act (FCA) claim in a District Court and
utilize the District Court provided Legal Center to obtain a Pro Bono (or low cost)
attorney to proceed the claim?
Sub-Question 3
Without Attorney General 's involvement and written consent, whether the District
Court violated 31 U.S. Code § 3730 (b) (l), (c) (3) to dismiss a False Claims Act
(FAC) case immediately by the reason of Pro Se cannot file without a lawyer?
Whether a pro se is allowed to initially file a False Claims Act (FCA) complaint in a district court without a lawyer?