March 16, 2012
In the modern application of the False Claims Act, where multi-million or even multi-billion dollar settlements and fines are increasingly common, a recent case demonstrates that there is some limit and rationality to the financial exposure that a government contractor may face. In United States ex. rel. Bunk v. Birkhart Globistics, 02-CV-1168 (E.D. Va. Feb. 14, 2012), after a jury found…
March 14, 2012
The Buy America Act (BAA) is a domestic preference statute that attempts to protect the U.S. labor force by providing a preference for American goods purchased by the government. A contractor’s “nationality” is not considered – it is the place where the goods are mined, produced or manufactured that controls whether or not they are considered “American” goods. Most government…
March 7, 2012
The elements of a criminal false claims act case are substantially similar to the elements of a civil false claims act case: generally the knowing submission of a materially false or fraudulent claim for money or property to the government. So, what prompts the Federal Government to pursue a criminal false claims act case in addition to a civil one? Although the Department of Justice…
September 7, 2011
On July 25, 2011, the United States District Court for the District of Columbia ruled that the plaintiffs in a qui tam action brought against The Kane Company (“the Company”) under the False Claims Act (“FCA”) could proceed with their suit, holding they had adequately stated a claim under the FCA and for fraud.
United States ex rel. Anthony Head v. Kane Co., No. 05-317 (D.D.C. July 25,…June 28, 2010
Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors.
Congress, in an effort to combat fraud, waste, and abuse – or simply as an act of political theater – has called upon contractors working with federal agencies to produce documents or appear in person…September 11, 2009
A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government.
Under §872 of the 2009 Defense Authorization Act, the…May 27, 2009
On April 10th, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in the Custer Battles case clarifying the potential False Claims Act liability of contractors performing contracts in Iraq and elsewhere.
The judgment partially reverses a controversial decision by the U.S. District Court for the Eastern District of Virginia that limited the application of the False Claims Act (FCA) to…
April 20, 2009
NetApp (formerly Network Appliance) has agreed to pay $128 million to settle a lawsuit alleging that it violated the False Claims Act (FCA), 31 U.S.C. §3729 et seq., by failing to offer the Government its best commercial pricing in violation of the terms of its General Services Administration (GSA) schedule contracts. The settlement was finalized April 15, 2009.
The contract’s price reduction…
February 11, 2009
The Obama Administration’s push for quick returns on the economic stimulus may have an adverse effect: more fraud.
February 5, 2009
The Fraud Enforcement and Recovery Act of 2009 (FERA), (for more information), proposes significant changes to federal criminal law, including amending the False Claims Act (FCA) to clarify that Congress’ “original intent” was to extend the Act to any false or fraudulent claim for government money or property, whether or not the claim is presented to a government official or…
March 16, 2012
In the modern application of the False Claims Act, where multi-million or even multi-billion dollar settlements and fines are increasingly common, a recent case demonstrates that there is some limit and rationality to the financial exposure that a government contractor may face. In United States ex. rel. Bunk v. Birkhart Globistics, 02-CV-1168 (E.D. Va. Feb. 14, 2012), after a jury found…
March 14, 2012
The Buy America Act (BAA) is a domestic preference statute that attempts to protect the U.S. labor force by providing a preference for American goods purchased by the government. A contractor’s “nationality” is not considered – it is the place where the goods are mined, produced or manufactured that controls whether or not they are considered “American” goods. Most government…
March 7, 2012
The elements of a criminal false claims act case are substantially similar to the elements of a civil false claims act case: generally the knowing submission of a materially false or fraudulent claim for money or property to the government. So, what prompts the Federal Government to pursue a criminal false claims act case in addition to a civil one? Although the Department of Justice…
September 7, 2011
On July 25, 2011, the United States District Court for the District of Columbia ruled that the plaintiffs in a qui tam action brought against The Kane Company (“the Company”) under the False Claims Act (“FCA”) could proceed with their suit, holding they had adequately stated a claim under the FCA and for fraud.
United States ex rel. Anthony Head v. Kane Co., No. 05-317 (D.D.C. July 25,…June 28, 2010
Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors.
Congress, in an effort to combat fraud, waste, and abuse – or simply as an act of political theater – has called upon contractors working with federal agencies to produce documents or appear in person…September 11, 2009
A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government.
Under §872 of the 2009 Defense Authorization Act, the…May 27, 2009
On April 10th, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in the Custer Battles case clarifying the potential False Claims Act liability of contractors performing contracts in Iraq and elsewhere.
The judgment partially reverses a controversial decision by the U.S. District Court for the Eastern District of Virginia that limited the application of the False Claims Act (FCA) to…
April 20, 2009
NetApp (formerly Network Appliance) has agreed to pay $128 million to settle a lawsuit alleging that it violated the False Claims Act (FCA), 31 U.S.C. §3729 et seq., by failing to offer the Government its best commercial pricing in violation of the terms of its General Services Administration (GSA) schedule contracts. The settlement was finalized April 15, 2009.
The contract’s price reduction…
February 11, 2009
The Obama Administration’s push for quick returns on the economic stimulus may have an adverse effect: more fraud.
February 5, 2009
The Fraud Enforcement and Recovery Act of 2009 (FERA), (for more information), proposes significant changes to federal criminal law, including amending the False Claims Act (FCA) to clarify that Congress’ “original intent” was to extend the Act to any false or fraudulent claim for government money or property, whether or not the claim is presented to a government official or…
