In Schindler Elevator Corp. v. US ex rel. Kirk, issued on May 16, 2011, the Supreme Court held that a federal agency's response to a FOIA request constitutes a "report" for purposes of barring the information from being used by a private plaintiff as a basis for an action under the FCA. In reversing the decision of the Second Circuit, the Court found that since the information was already in the government's possession, the alleged fraud had already been disclosed to the government. The Court's ruling resolved a circuit split over the question of whether a FOIA response is appropriately characterized as an administrative report or an administrative investigation.