Talley Industries, Inc. and Consolidated Subsidiaries - Page 15




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          losses or to deter or punish Stencel.  The Court of Appeals                 
          stated:                                                                     
                    The double damages provision of the FCA has both                  
               compensatory and deterrence purposes.  See United                      
               States v. McLeod, 721 F.2d 282, 285 (9th Cir. 1983);                   
               see also Mortgages, Inc. v. United States Dist. Court,                 
               934 F.2d 209, 213 (9th Cir. 1991); United States v.                    
               Northrop Corp., 59 F.3d 953, 965 (9th Cir. 1995).                      
               "[T]he double damages provision of the [FCA] is meant                  
               not only to compensate the government fully but also to                
               deter fraudulent claims from being filed against it."                  
               McLeod, 721 F.2d at 285.  Congress chose the double                    
               damage provision "'to make sure that the government                    
               would be made completely whole.'"  Id. (quoting United                 
               States v. Hess, 317 U.S. 537, 551-52, 63 S.Ct. 379,                    
               388, 87 L.Ed. 443 (1943)).  At the same time, however,                 
               the double damage provision "'maximizes the deterrent                  
               impact ....'" McLeod, 721 F.2d at 285 (quoting United                  
               States v. Bornstein, 423 U.S. 303, 317, 96 S.Ct. 523,                  
               531, 46 L.Ed.2d 514 (1976)).                                           
          Talley Indus., Inc. & Consol. Subs. v. Commissioner, 116 F.3d at            
          387.                                                                        
               The settlement agreement does not characterize the $2.5                
          million payment, or any portion thereof, as either compensation             
          for the Government's losses or as a penalty.  In light of this              
          ambiguity, the Court of Appeals indicated that the deductibility            
          of the $940,000 amount would have to be resolved by determining             
          the parties' intent.  See id.                                               
               Petitioner contends that no portion of the $940,000 in                 
          dispute can be considered a penalty because the Government's                
          actual losses--including its incidental losses, such as the costs           
          associated with the investigation, the suspension and debarment             
          proceedings, the grounding of Navy aircraft for lack of                     





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