Judge Kaplan of the United States District Court for the Southern District of New York issued an Order on September 13, 2010, dismissing qui tam claims against auditing firm Ernst & Young LLP (E&Y) by plaintiff Najmuddin Pervez. Pervez, a former executive at Beth Israel Medical Center (BIMC), alleged that E&Y violated various provisions of the federal and New York False Claims Acts (the FCA and the NY FCA, respectively) by causing false claims and statements to be made and presented in connection with the preparation and submission of Medicaid cost reports for the years 1991 through 2003. In granting E&Y's motion to dismiss, the court found that plaintiff's FCA claims did not satisfy the particularity standard of Federal Rule of Civil Procedure 9(b) and did not sufficiently allege scienter. Opinion.