Conyers v. KBR

── Conyers v. KBR ── Court: Court of Appeals for the Fifth Circuit Date: May 07, 2026 Category: United States Civil Case: 25-20194 Document: 44-2 Page: 1 Date Filed: 05/07/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 7, 2026 No. 25-20194 Lyle W. Cayce ____________ Clerk United States of America, ex rel Bud Conyers, Relator, Plaintiff—Appellant, versus Kellogg Brown & Root, Incorporated; Kellogg Brown & Root Services, Incorporated; Kellogg Brown & Root, L.L.C., Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CV-4024 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: Appellant Bud Conyers sued Appellee Kellogg Brown & Root, Inc. (KBR) under the False Claims Act (FCA). The Government intervened but then dropped Conyers’ claims, and he did not receive a share of the suit’s settlement proceeds. He moved for attorney fees. Because the FCA’s text requires a qui tam plaintiff to receive a proceeds’ share to collect attorney fees, costs, and expenses, we AFFIRM the district court’s denial of Conyers’ motion for attorney fees. Case: 25-20194 Document: 44-2 Page: 2 Date Filed: 05/07/2026 No. 25-20194 I “The FCA imposes civil liability on any person who presents false or fraudulent claims for payment to the Federal Government.” United States ex rel. Conyers, 108 F.4th 351, 354 (5th Cir. 2024) [hereinafter Conyers I] (citation modified); see also 31 U.S.C. §§ 3729–33. It can be enforced through civil qui tam actions filed by private parties, or “relators.” Conyers I, 108 F.4th at 354. “When a relator files suit, the Government can intervene, assuming primary responsibility for the case, and can add additional claims.” Id. (citation modified). If the Government prevails in the action or settles, the relator may be entitled to a share of the proceeds. See 31 U.S.C. § 3730(d)(1). II This case’s procedural history and the Government’s related investigation into KBR are recounted in a previous opinion. Conyers I, 108 F.4th at 354. Conyers is a veteran who drove supply convoys for KBR in Iraq in 2003. Id. He was dismissed for reporting a kickback scheme involving certain KBR employees. Conyers filed a qui tam suit against KBR under the FCA in 2006. Id. He claimed that KBR employees used mortuary trailers for delivery of consumable supplies, received kickbacks from vehicle suppliers, and billed the United States for prostitutes. Id. The Government intervened in 2013 and filed its own complaint in 2014. Id. The Government’s complaint included some of the allegations from Conyers’ suit, along with other claims. Id. The Government eventually informed the parties that it would not pursue Conyers’ original claims. Id. at 355. In 2022, the parties settled the other claims—not Conyers’—and KBR agreed to pay the United States over $13 million. Id. Conyers moved for a relator’s share of the settlement, which the district court partially granted. Id. 2 Case: 25-20194 Document: 44-2 Page: 3 Date Filed: 05/07/2026 No. 25-20194 The Conyers I panel reversed, concluding that Conyers was not ent