- 15 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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