Whether courts should allow gross trebling or net trebling of damages under the False Claims Act

QUESTIONS PRESENTED The False Claims Act (“FCA”) provides that a violator of the FCA should pay “three (3) times the amount of damages which the Government sustains because of the act of that person”. 31 U.S.C. sec. 3729 (a) (1). Although the statute dictates that damages should be tripled, it does not specify how to calculate the damages. Based on this lack of specificity regarding calculation of damages under the FCA, this Petition presents the following questions: 1) Should this Court resolve'a circuit split concerning the question as to whether Courts should allow gross trebling damages or net trebling damages under the FCA? 2) Should this Court resolve and settle an important FCA question concerning as to whether Courts should apply the “benefit of the bargain” analysis or the “tainted claim theory” on intangible benefits that are difficult to calculate? 3) Should this Court reverse the decisions of the lower courts when they erroneously excluded the damages evidence when the Respondents suffered no prejudice or surprise when they admitted that they had knowledge of the damages evidence?