Order — U.S. ex rel. Berkley v. Ocean State, LLC (D.R.I.)

Summary

An Order by Chief Judge John J. McConnell, Jr. in United States ex rel. James R. Berkley v. Ocean State, LLC, et al., in the U.S. District Court for the District of Rhode Island, dated May 2, 2023 and filed as Document 33 in Case 1:20-cv-00538-JJM-PAS. It describes the relator's qui tam claims that Ocean State, LLC, Blueprint Test Preparation, LLC and Fyzical Acquisition Holdings, LLC falsely certified that they met the PPP affiliation and necessity requirements, and that the New Harbor private equity defendants controlled them. The order analyzes the False Claims Act public disclosure bar under 31 U.S.C. § 3730(e)(4)(A) and finds that the press releases and websites the parties cite qualify as news media. It holds the allegations against New Harbor sufficient at the motion to dismiss stage and denies the Motion to Dismiss, ECF No. 29.

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