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United States ex rel. Oberg v. Pennsulvania Higher Education Assistance Agency

United States District Court, E.D. Virginia, Alexandria Division

January 16, 2015

UNITED STATES OF AMERICA, ex rel. JON H. OBERG, Plaintiff,
v.
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY AND VERMONT STUDENT ASSISTANCE CORPORATION, Defendants

Page 494

For Jon H. Oberg, United States of America, ex rel., Plaintiff: Christopher Michael Mills, LEAD ATTORNEY, Wiley Rein LLP (McLean), McLean, VA; Michael Lee Sturm, LEAD ATTORNEY, Roger Herbert Miksad, Wiley Rein LLP (DC), Washington, DC.

For Pennsylvania Higher Education Assistance Agency, Defendant: Jill Marie deGraffenreid, LEAD ATTORNEY, Hunton & Williams, McLean, VA.

For Kentucky Higher Education Student Loan Corporation, Defendant: Heather Austin Jones, LEAD ATTORNEY, Charlson Bredehoft Cohen & Brown PC, Reston, VA; Thomas Leo Appler, LEAD ATTORNEY, Wilson Elser Moskowitz Edelman & Dicker LLP, McLean, VA; Andrew Clark Hall, Wilson Elser Moskowitz Edelman & Dicker LLP (McLean), McLean, VA; Jill Marie deGraffenreid, Hunton & Williams, McLean, VA.

For Vermont Student Assistance Corporation, Defendant: John Stone West, LEAD ATTORNEY, Troutman Sanders LLP (Richmond), Richmond, VA; Mark E. Nagle, Tameka Meshaun Collier, LEAD ATTORNEYS, Troutman Sanders LLP (DC), Washington, DC; Megan Conway Rahman, LEAD ATTORNEY, Stanley Wilson Hammer, Troutman Sanders LLP, Troutman Sanders Bldg, Richmond, VA; Jill Marie deGraffenreid, Hunton & Williams, McLean, VA.

For Arkansas Student Loan Authority, Defendant: Jill Marie deGraffenreid, Hunton & Williams, McLean, VA.

For United States of America, Interested Party: Gerard J. Mene, LEAD ATTORNEY, United States Attorney's Office, Alexandria, VA.

Page 495

MEMORANDUM OPINION

CLAUDE M. HILTON, UNITED STATES DISTRICT JUDGE.

THIS MATTER comes before the Court on Defendants' Pennsylvania Higher Education Assistance Agency (" PHEAA" ) and Vermont Student Assistance Corporation (" VSAC," collectively " Defendants" ) Motion for Summary Judgment.

The Commonwealth of Pennsylvania created PHEAA in 1963 for the purpose of improving the higher education opportunities of Pennsylvanians. 24 Pa. Stat. Ann. § 5102. PHEA does this by making and financing loans, awarding grants and scholarships, and providing financial aid services.

VSAC is a public nonprofit corporation created by the State of Vermont in 1965 to perform a similar role as PHEAA. Its stated purpose is " to provide opportunities for persons who are residents of Vermont to attend colleges or other postsecondary education institutions'' and " to provide career, education, and financial aid counseling and information services." Vt. Stat. Ann. tit. 16, § 2821. Like PHEAA, VSAC makes and finances student loans and awards grants and scholarships, as well as other services to prepare students for higher education. Vermont has designated it as the " agency to receive federal funds assigned to the state of Vermont for student financial aid programs." Id. § 2823(c).

In September 2007, Plaintiff Dr. Jon Oberg brought a qui tarn action, on behalf of the United States, alleging the Defendants ...


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