(Modified upon denial of rehearing 6/23/17.) Relator filed complaint under False Claims Act, and alleged that Village overbilled for policing services and failed to remit collections from traffic fines, in violation of its contract with Township. Court erred in finding that public disclosure bar prohibited relator's suit, where allegations supporting fraud claims as obtained by relator from FOIA responses were not from a source listed in Section 4(e)(4)(A) of False Claims Act. Thus, because relator's complaint did not fall within Act's threshold public disclosure jurisdictional bar, court erred in dismissing complaint. Court erred in applying Section 2-106 of Tort Immunity Act, as it does not apply as alleged fraudulent activity was based on written contract between Village and Township. Section 2-107 of Tort Immunity Act does not apply to immunize Township from liability. (HALL, concurring; GORDON, specially concurring.)
Illinois Appellate Court
Civil Court
False Claims Act