082992P.pdf   08/23/2010  United States  v.  Russell Hawley
   U.S. Court of Appeals Case No:  08-2992
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith,
   Circuit Judge]
   Civil case - False Claims Act. In action claiming defendant defrauded
   the government by causing ineligible farmers to make claims against
   insurance policies issued by private companies and reinsured by the
   government, the district court erred in granting defendant summary
   judgment as the record demonstrates a genuine issue of material fact as to
   whether the private insurer presented claims to the government through
   electronic transmission to the Federal Crop Insurance Corporation;
   government's claim under Section 3729(a)(2) of the False Claims Act
   made a sufficient showing of intent to survive summary judgment;
   government also made a sufficient showing of intent under Section
   3729(a)(3) of the Act; district court erred in granting defendant summary
   judgment on the government's common-law fraud claim as there was a
   genuine issue of material fact as to whether defendant had reason to
   expect that the representations set forth in the false insurance
   applications and acreage reports he signed would be submitted to the FCIC
   and relied on to make decisions to reimburse the private insurer.