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Consumer Law
False Claims Act
Qui Tam

United States of America, ex rel Brian Hastings v. Wells Fargo Bank, National Association Inc., individually as s/b/m with Wells Fargo Home Mortgage Inc.; Countrywide Home Loans Inc.; Countrywide Home Loans Servicing LP n/k/a BAC Home Loans Servicing LP., et al.

Published: Aug. 9, 2014 | Result Date: Jul. 15, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-03624-DDP-SS Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

David M. Harris
(Office of the U.S. Attorney)

Michael S. Geller
(Law Office of Michael Geller Inc)


Defendant

Robb C. Adkins
(Baker & Hostetler LLP)

Drew A. Robertson
(Winston & Strawn LLP)

Katherine E. Hertel

Douglas Axel
(Sidley Austin LLP)

Jessica L. Tulk

Scott F. Roybal
(Sheppard, Mullin, Richter & Hampton LLP)

Stuart C. Edmiston

Fredrick S. Levin
(Buckley LLP)

Brooks R. Brown
(Goodwin Procter LLP)

Sean C. Griffin

Matthew P. Previn

Michael L. Brown

Sabrina M. Rose-Smith

Gayle I. Jenkins
(Winston & Strawn LLP)

Andrew R. Louis


Facts

United States of America, ex rel Brian Hastings, sued Wells Fargo Bank National Association Inc., individually as successor by merger with Wells Fargo Home Mortgage Inc., Countrywide Home Loans Inc., Countrywide Home Loans Servicing LP now known as BAC Home Loans Servicing LP., and other defendants, in connection with the issuance of federal mortgage insurance policies.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that plaintiff-relator Hastings was a real estate agent who discovered defendants' allegedly wrongful acts. As such, he brought this lawsuit, on behalf of the U.S. government, against defendant-lending institutions for violations of the False Claims Act. Plaintiff alleged that defendants violated the FCA in connection with the issuance of federal mortgage insurance policies pursuant to the National Housing Act. Plaintiff asserted at least 16 causes of action for various violations of the FCA.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint for lack of subject matter jurisdiction, and failure to state a claim for relief.

Damages

Plaintiff sought approximately $7.48 billion in damages, plus civil penalties.

Result

Ultimately, the district court granted defendants' motion to dismiss, and the case was dismissed for lack of subject matter jurisdiction.


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