Two co-whistleblowers lost their bid last month to proceed with a False Claims Act case alleging that mortgage lenders and servicers defrauded Fannie Mae and Freddie Mac in an opinion by the U.S. Court of Appeals for the Ninth Circuit.

At first blush, the decision in United States ex rel. Adams v. Aurora Loan Services, which upheld a lower court decision to grant the defendant’s motion to dismiss, may seem to pose a threat to the role the FCA has played in combating fraud in the mortgage industry.

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