United States v. Siemens Industry, Inc.

Background

Clifford Weiner brought this qui tam action against Siemens Industry, Inc. under the Federal False Claims Act. A qui tam action allows a private person, called a relator, to sue in the name of the United States for alleged violations of that law. Weiner’s former counsel, Pollock Cohen LLP, had represented him in the action.

On October 1, 2024, the court granted Pollock Cohen LLP’s motion to withdraw. The court then ordered Weiner to report whether he would proceed without a lawyer or had retained new counsel. Weiner stated that he did not intend to proceed without a lawyer and requested time to retain new counsel. After that extension expired without new counsel or communication from Weiner, he received another extension through March 25, 2025. He again failed to retain counsel or communicate with the court.

The court later ordered Weiner to explain why the action should not be dismissed. The order warned that failure to respond could lead to dismissal because qui tam actions cannot proceed without counsel. Weiner did not respond.

Court’s reasoning

The court explained that people may generally represent themselves only in matters in which they have a personal interest. In a False Claims Act qui tam action, however, the United States remains the real party in interest. The relator therefore does not have the personal interest needed to litigate the government’s claims without a lawyer.

Because Weiner’s only pending claims were brought under the False Claims Act in the name of the government, the court concluded that he needed counsel. He had been without counsel for more than eight months and had not responded to the order to show cause.

Disposition

The court dismissed the action without prejudice. It also directed the Clerk of Court to terminate the case. The opinion did not decide whether Siemens violated the False Claims Act.