United States v. Bornstein

Summary

The Supreme Court reversed and remanded the case, holding that a subcontractor is liable for three $2,000 forfeitures – one for each separately invoiced shipment that caused false claims – and that double damages must be calculated by doubling the Government's actual loss before any compensatory payments are deducted. Justice Rehnquist, joined by the Chief Justice and Justice White, concurred in part and dissented in part, agreeing with the double‑damages rule but proposing a broader forfeiture test based on proximate cause and foreseeability.