Apollo Group

United States of America ex rel. Hendow v. University of Phoenix

APOLLO GROUP, INC. RESOLVES UNIVERSITY OF PHOENIX FALSE CLAIMS ACT CASE

 

 

Court Orders, Opinions and Filings


U.S. District Court Dismisses False Claims Act Case
December 17, 2009: Order of Dismissal PDF 32KB

University of Phoenix and Plaintiffs Jointly Request Stay of all Proceedings
September 30, 2009: Joint Stipulation PDF 28KB

University of Phoenix Seeks Partial Summary Judgment to Restrict Scope of Litigation
June 1, 2009: Defendant's Reply Brief in Support of Motion for Partial Summary Judgment PDF 136KB
April 20, 2009: Defendant's Memorandum of Points and Authorities in Support of Motion for Partial Summary Judgment PDF 88KB
Defendant's Statement of Undisputed Facts in Support of Motion for Partial Summary Judgment PDF 48KB

University of Phoenix Seeks to Disqualify Trial Lawyers and Law Firms Representing Plaintiffs
June 1, 2009: Defendant's Reply in Support of Motion to Disqualify PDF 6.5MB
April 10, 2009: Defendant's Memorandum of Points and Authorities in Support of Motion to Disqualify
PDF 256KB
Declaration in Support of Motion to Disqualify PDF 6.8MB

University of Phoenix Seeks Dismissal of False Claims Act Case
May 18, 2009: Order Denying Motion to Dismiss PDF 113KB
April 6, 2009: Defendant's Memorandum of Points and Authorities in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction PDF 1.3MB
January 7, 2008: Order Denying Motion to Certify PDF 88KB
October 15, 2007: Defendant University of Phoenix's Reply in Support of its Motion to Certify the Order of August 17, 2007 for Interlocutory Appeal and to Amend the Order Accordingly PDF 66KB
September 11, 2007: Defendant University of Phoenix's Memorandum of Points and Authorities in Support of its Motion to Certify the Order of August 17, 2007 for Interlocutory Appeal and to Amend the Order Accordingly PDF 1.7MB
August 17, 2007: Order Denying Motion to Dismiss PDF 26KB
June 18, 2007: Defendant University of Phoenix’s Reply in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 108KB
March 22, 2007: Defendant’s Memorandum of Points and Authorities in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 136KB

Defense, Health Care and Education Industries Join University of Phoenix in Asking U.S. Supreme Court to Curb Abuse of False Claims Act
March 26, 2007: Brief of the National Defense Industrial Association as Amicus Curiae in Support of the Petition for a Writ of Certiorari PDF 1.2MB
Brief of Amicus Curiae the Career College Association in Support of Petitioner 176KB
Brief for the American Health Care Association and the National Association for the Support of Long Term Care as Amici Curiae in Support of Petitioner 236KB

University of Phoenix Asks United States Supreme Court to Curb Abuse of False Claims Act
April 3, 2007: Reply Brief for Petitioner PDF 164 KB
January 22, 2007: Petition for a Writ of Certiorari PDF 92KB
 
University of Phoenix Answers Baseless False Claims Act Allegations
December 20, 2006: Answer of Defendant University of Phoenix to Second Amended Complaint PDF 1.4MB
 
Ninth Circuit Court of Appeals Denies University of Phoenix’s Request for Full-court Rehearing
October 24, 2006: Order PDF 28KB
 
University of Phoenix Asks Ninth Circuit Court of Appeals for Full-court Rehearing Given Panel's Dramatic Expansion of False Claims Act
September 25, 2006: Petition for Rehearing and Rehearing En Banc PDF 2.8MB
 
Ninth Circuit Court of Appeals Panel Reinstates Case
September 5, 2006: Opinion PDF 92KB
 
University of Phoenix Asks Ninth Circuit Court of Appeals Not to Reverse District Court's Rightful Dismissal of Baseless False Claims Act Allegations
January 28, 2005: Appellee University of Phoenix Answering Brief PDF 3.3MB

United States District Court for Eastern District of California Dismisses Baseless False Claims Act Allegations
May 19, 2004: Order Dismissing Second Amended Complaint PDF 204KB
February 19, 2004: Order Dismissing First Amended Complaint PDF 280KB
 
University of Phoenix Asks United States District Court for Eastern District of California to Dismiss Baseless False Claims Act Allegations
April 26, 2004: Defendant’s Reply Brief in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 1.6MB
March 22, 2004: Defendant’s Memorandum of Points and Authorities in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 1.7MB
October 20, 2003: Defendant University of Phoenix’s Memorandum of Points and Authorities in Support of its Motion to Dismiss PDF 1.4MB

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Background

 
Supreme Court of the United States Rules Under the False Claims Act a Plaintiff “Must Prove that the Defendant Intended that the False Statement be Material to the Government’s Decision to Pay or Approve the False Claim” and that “Eliminating this Element of Intent Would Expand the FCA Well Beyond its Intended Role in Combating ‘Fraud Against the Government’”
The high court also reiterates, “As the District of Columbia Circuit pointed out, the reach of [the FCA] would then be ‘almost boundless: for example, liability could attach for any false claim made to any college or university, so long as the institution has received some federal grants – as most of them do’”
June 9, 2008: Opinion PDF 171KB
 
Ninth Circuit Court of Appeals Rules Higher Education Act Does Not Prohibit Salary Reviews Generally, But Rather Bars Payment of "Commission, Bonus, or Other Incentive Payment" Solely on Basis of Recruitment Success
Court's decision also makes clear personnel actions such as hiring, firing, promotions, demotions, and corrective or disciplinary actions are not governed or prohibited by Higher Education Act and good faith efforts to comply with Safe Harbor regulations prevent relators from proving required scienter under False Claims Act
January 4, 2008: Memorandum PDF 20KB
 
Arizona State Board of Private Postsecondary Education Verifies University of Phoenix's Compliance with Statute and Rule and Dismisses Complaint
June 1, 2005: Letter of Complaint Dismissal PDF 20KB
March 30, 2005: Investigative Report PDF 76KB
 
University of Phoenix and U.S. Department of Education Resolve Flawed Program Review Report with Terms Constituting Implicit Rejection of Report's Allegations
September 7, 2004: Settlement Agreement PDF 172KB
For more on the flawed program review report, click here.
 
Leading Accounting Firm Validates Compliance of University of Phoenix's Compensation System
March 22, 2004: Presentation Prepared for U.S. Department of Education POWER POINT 236KB
 
U.S. Department of Education Clarifies Incentive Compensation Standard
November 1, 2002: Federal Register PDF 256KB
August 8, 2002: Federal Register PDF 188KB
 
U.S. Department of Education Issues Policy Regarding Incentive Compensation Issues, Directing That They be Treated as Compliance Matters
October 2002: Memorandum from Department of Education Deputy Secretary PDF 88KB

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News


December 14, 2009:
Apollo Group, Inc. Resolves University of Phoenix False Claims Act Case

January 8, 2008:
Statement on Status of Motion to Certify Order Denying Motion to Dismiss False Claims Act Case

August 20, 2007:
Statement on Status of Motion to Dismiss False Claims Act Case

April 23, 2007:
Statement on Status of Petition to United States Supreme Court

March 27, 2007:
Defense, Health Care and Education Industries Join University of Phoenix in Asking U.S. Supreme Court to Curb Abuse of False Claims Act

March 22, 2007:
Statement on Motion to Dismiss False Claims Act Case

January 22, 2007:
University of Phoenix Asks United States Supreme Court to Curb Abuse of False Claims Act

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Timeline of Key Events

For more information on the timeline of key events, click here. PDF 40KB Hendow Case Timeling of Key Events

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Links

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