Opinion
No. 01 C 5494
August 13, 2002
MEMORANDUM OPINION AND ORDER
After government counsel had announced their intention to file a motion for summary judgment against Richard and Lillie Hill (collectively "Hills") in this action charging them with violations of the False Claims Act, this Court followed its invariable practice of sending pro se litigants such as Hills a detailed letter outlining the procedure and potentially dispositive consequences attendant on such a motion. Then the United States did file its properly supported Fed.R.Civ.P. ("Rule") 56 motion, together with the supporting materials called for by this District Court's LR 56.1 implementing that rule.
In addition, the government sent its own form of notice to Hills, explaining in somewhat briefer compass the matters as to Rule 56 and its operation that had been covered by this Court's letter to them.
Hills have since requested and have been granted several extensions of time to file their opposition to the government's Rule 56 motion. They have not done so, and that of course means that the properly supported statements in the government's motion stand admitted.
There is no need to reinvent the wheel by repeating what the government has said in its thorough Memorandum in Support of Plaintiff's Motion for Summary Judgment. In sum, the record amply confirms that Hills obtained need-based student financial aid for the education of their dependent daughter Tiffany Hill based on their repeated false statements as to their household income and, in one year, as to their marital status. As the result of those false statements, Tiffany received Pell Grants and Supplemental Education Opportunity Grants aggregating $9,590. There is no genuine issue of material fact, and the United States is entitled to a judgment as a matter of law.
Under 31 U.S.C. § 3729 (a) Hills are "liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of [those] person[s]." In this instance the treble damage award comes to $28,770 and the minimum civil penalty is $5,000. Accordingly judgment is ordered to be entered in favor of the United States and against Richard Hill and Lillie Hill, jointly and severally, in the sum of $33,770.