Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Hang'emAll

I’m out of my comfort zone on the legal stuff. Actually, it was the fact that the sealed case is a false claims action (which appear to be long-term procedures) that made me wonder why he would be talking about movement or unsealing on the sealed case. I just couldn’t (can’t) connect the dots.


276 posted on 01/29/2009 8:53:52 AM PST by BrerLion (the alarmists are coming! the alarmists are coming!)
[ Post Reply | Private Reply | To 275 | View Replies ]


To: BrerLion

Unsealing the case can happen in as soon as 60 days or 2-3 years. It is up to the Govt people.

I forget the actual details but the link to the false claims act has the details, I believe.


277 posted on 01/29/2009 9:04:06 AM PST by Hang'emAll
[ Post Reply | Private Reply | To 276 | View Replies ]

To: BrerLion

Here is the section relating to the unsealing. Apparently Obama has not been served yet and the court has not decided if the case is good or not per this:

(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to Rule 4(d)(4) of the Federal Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information.

(3) The Government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure.

(4) Before the expiration of the 60-day period or any extensions obtained under paragraph (3), the Government shall—

(A) proceed with the action, in which case the action shall be conducted by the Government; or

(B) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.

(5) When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.


278 posted on 01/29/2009 9:09:56 AM PST by Hang'emAll
[ Post Reply | Private Reply | To 276 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson