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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 22 of 24 <br /> 3. Cole's Second Amended Complaint fails to state a claim pursuant <br /> to the False Claims Act <br /> Cole's Second Amended Complaint references the False Claims Act, <br /> 31 U.S.C. § 3729. Cole has not complied with the procedural requirements for <br /> bringing a False Claims Act claim, however. See 31 U.S.C. § 3730(b). <br /> Consequently, to the extent that Cole's Second Amended Complaint sets forth a <br /> claim for relief pursuant to the False Claims Act, that claim is also dismissed. <br /> Cole's Second Amended Complaint also references 18 U.S.C. § 371 <br /> (entitled "Conspiracy to commit offense or to defraud United States"). This <br /> statute provides that a conspiracy to commit any offense against the United States, <br /> or a conspiracy to defraud the United States, is unlawful and is punishable by fines <br /> and/or imprisonment. There is no private cause of action under § 371. Therefore, <br /> to the extent that Cole's Second Amended Complaint sets forth a claim for relief <br /> pursuant to § 371, this claim is likewise dismissed. <br /> C. Granting Cole leave to amend would be futile <br /> Cole's Second Amended Complaint is over twenty-seven pages long <br /> and contains detailed factual allegations. This document also represents Cole's <br /> third attempt at setting forth cognizable claims for relief. Consequently, the court <br /> concludes that granting Cole leave to amend his complaint further would be futile. <br /> 22 <br />