Law360, New York ( April 15, 2015, 10:33 AM EDT) -- The Sixth Circuit recently threw out a $657 million False Claims Act windfall to the government, once again reminding the government and lower courts that "[t]he government has the burden of proving damages," and "[w]hen the government gets what it paid for despite a contractor's misstatements, it has suffered no 'actual damages.'"[1] By presenting "an auditor [who was] not a pricing expert" to prove damages in a competitively bid contract, the government failed to meet its burden to show it actually paid more than it would have absent fraud....
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