Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution

QUESTIONS PRESENTED I. Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution. II. Whether as a result of the Mandatory Victims Restitution Act an order of Restitution in a criminal proceeding is res judicata as to damages in a civil proceeding arising out of the same facts. III. Whether the False Claims Act penalties are subject to Eight Amendment Excessive Fines scrutiny as a result of this Honorable Court's determination that, ; FCA penalties. are punitive.in nature. -Furthermore, the Court Sos to resolve the Circuit split. IV. Whether the term "proceeding" in the False Claims Act encompasses any stage of the investigation in order for the action to be barred per 31 U.S.C. 3730(e)(8). V. Whether a judgment resulting out of a False Claims Act (31 U.S.C. 3729-33) action, after restitution has been imposed in a criminal proceeding arising out of the same relevant conduct and act, is subject to Double Jeopardy scrutiny and as an independent matter, also violates the Election of Remedies Doctrine. VI. Whether the district court can summarily grant damages without a judicial determination of materiality in implied certification and causation in a False Claims Act case. VII. Whether a criminal conviction which does not charge fraud or false statement estops a defendant from denying the essential elements of a False Claims Act 31 U.S.C. 3729-33 action. : i N |