141527P.pdf   11/20/2014  United States  v.  Howard John Aleff
   U.S. Court of Appeals Case No:  14-1527
   U.S. District Court for the District of South Dakota - Aberdeen   
   [PUBLISHED] [Benton, Author, with Murphy and Melloy, Circuit Judges] 
   Civil Case - False Claims Act. After pleading guilty to conspiring to 
   defraud the United States by submitting false application for loan 
   deficiency payments and ordered to pay restitution, appellants appeal from 
   the government's subsequent action under the False Claims Act and 
   imposition of $1.3 million penalty. Guilty plea established the essential 
   elements of the false claim act claim. Sentencing finding of diminished 
   capacity did not negate preclusive effect of guilty plea or admission and 
   did not raise a factual issue whether appellant knowingly presented a 
   false claim. False Claims Act does not implicate the Double Jeopardy 
   Clause, as the FCA is not punishment and treble damages are compensatory 
   not punitive. Penalty imposed did not violate the Excessive Fines Clause. 
   The monetary sanction is not grossly disproportional. Judgment is 
   affirmed.