Fifth Third Bank Stops Bid to Reopen Whistleblower’s Fraud Suit

Oct. 30, 2023, 4:47 PM UTC

Fifth Third Bank NA showed that a federal district court properly dismissed a False Claims Act suit alleging submission of false claims for payment to the Federal Deposit Insurance Corp. under a 2010 shared-loss agreement, the Second Circuit said Monday.

Whistleblower Lee Moncho failed to allege that any false claim or false record was submitted by the bank to the FDIC, the US Court of Appeals for the Second Circuit said in a nonprecedential summary order.

Moncho didn’t plausibly allege that Fifth Third made any specific representation to the FDIC about services it provided, or that Fifth Third omitted critical ...

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