The U.S. Court of Appeals for the Fourth Circuit affirmed the criminal conviction of Jacky Lynn McComber on charges of perjury and violations of the False Claims Act, rejecting her appeal in an unpublished per curiam opinion issued Feb. 2.

The three-judge panel, consisting of Circuit Judges Thacker, Quattlebaum and Heytens, unanimously upheld the district court's judgment following oral arguments held Sept. 12, 2025. The case originated in the U.S. District Court for the District of Maryland at Baltimore, where Senior District Judge Ellen Lipton Hollander presided over the original criminal proceedings.

McComber, who was formerly known as Jacky Lynn Kimmel, was convicted by a jury after what the appeals court described as a "lengthy trial." The defendant challenged multiple aspects of her conviction on appeal, including evidentiary rulings, jury instructions, and the prosecution's conduct.

Specifically, McComber contested the district court's decision to admit a summary chart into evidence during the trial. She also argued that the evidence was insufficient to support her conviction on the perjury and False Claims Act charges. Additionally, the appellant challenged the jury instructions provided by the trial court and disputed the district court's calculations regarding financial losses stemming from the alleged violations.

Perhaps most seriously, McComber alleged that prosecutors engaged in misconduct during the proceedings, though the appeals court's brief opinion did not elaborate on the specific nature of these allegations.

The Fourth Circuit rejected all of McComber's arguments in its per curiam opinion, which represents the unanimous view of the three-judge panel rather than a single author. The court applied a rigorous standard in evaluating the appellant's claims, noting that she "has not met the high burden of demonstrating that justice compels a new trial."

This language suggests the court found McComber's arguments insufficient to overcome the presumption that the original trial was conducted fairly and that the jury's verdict was supported by adequate evidence. Federal appellate courts typically defer to trial court decisions on evidentiary matters and jury instructions unless there is clear evidence of reversible error.

The case drew significant legal representation on both sides. McComber was represented by a team from the prestigious law firm Weil, Gotshal & Manges LLP, including Crystal L. Weeks, who argued the appeal, and several other attorneys including Paresh S. Patel from the Office of the Federal Public Defender in Greenbelt, Maryland. The defense team also included Andrew S. Tulumello, Laurel L. Zigerelli, Alli G. Katzen, and Marina Masterson from Weil Gotshal's Washington D.C. and Miami offices.

The government was represented by the U.S. Department of Justice and the U.S. Attorney's Office for the District of Maryland. William G. Clayman from the Justice Department argued the case for the government, while the prosecution team included U.S. Attorney Kelly O. Hayes and Assistant U.S. Attorneys David C. Bornstein and Jefferson M. Gray from the Baltimore office.

The False Claims Act, originally enacted during the Civil War, is the federal government's primary tool for combating fraud against government programs and contracts. Violations can result in both criminal penalties and civil liability, including treble damages and substantial per-claim penalties. Perjury charges typically arise when individuals make false statements under oath during legal proceedings or official investigations.

While the Fourth Circuit's opinion was unpublished, meaning it does not establish binding precedent for future cases in the circuit, it demonstrates the court's continued willingness to uphold convictions when defendants cannot demonstrate clear error in trial proceedings.

The original criminal case was filed in 2021 in the District of Maryland, suggesting the investigation and prosecution spanned several years before reaching trial and eventual appeal. The lengthy timeline from initial charges to final appellate resolution is typical in complex federal criminal cases involving financial fraud allegations.

McComber's conviction joins a growing body of False Claims Act prosecutions as federal authorities continue to prioritize cases involving fraud against government programs and contracts. The Justice Department has made combating healthcare fraud, defense contractor fraud, and other forms of government fraud a key enforcement priority.

The affirmance by the Fourth Circuit appears to conclude McComber's direct appeal options, though defendants in federal criminal cases retain the right to file petitions for certiorari with the U.S. Supreme Court. However, the high court accepts very few criminal cases for review, particularly those involving routine application of established legal principles.

The case underscores the challenges facing defendants who seek to overturn criminal convictions on appeal, where the standard for reversal requires demonstrating that errors at trial likely affected the outcome or violated fundamental fairness principles.