County is a “Person” Under the FCA The court considers two factors in determining whether the County is a “person” under the FCA: (1) the text of the statute; and (2) its legislative history. The statute renders liable “any person who” submits false claims to the federal government. 31 U.S.C. § 3729(a). The FCA does not define the term “person” as used in § 3729(a). However, the civil investigative demand provision of the act includes in its definition of person “any State or political subdivision of a State.” 31 U.S.C. § 3733(1)(4). In addition, courts have interpreted the statute to include states among the “person[s]” who may file qui tam actions under § 3730(b). See, e.g., United States ex rel. Stevens v. State of Vermont Agency of Natural Resources, 162 F.3d 195, 205 (2d Cir.1998) (<HOLDING>); United States ex rel. Woodard and State of
holding that even where there are  contrary indications in the statutes legislative history we do not resort to legislative history to cloud a statutory text that is clear holding that although section 311023 of the texas government code states that courts may consider the legislative history of unambiguous statutes the legislative history of a statute cannot be used to alter the unambiguous meaning of a statute except for the rare instance in which it is used to show a typographical error holding that states are persons but conceding that this change was not envisioned as broadening the class of persons who could be held liable under the act holding that in light of the legislative history of  3730b congress viewed the states as persons who could be qui tam plaintiffs holding record is viewed in light most favorable to verdict