Government Contracts & Investigations

Category: Fraud, False Claims, and False Statements

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

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The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance with contract specifications can be assessed a civil penalty for each false claim in addition to treble damages.  In USA v. HoneywellRead More

Topics: Fraud, False Claims, and False Statements

DOJ Came Out Swinging with False Claims Act Recoveries in FY 2021

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On Tuesday, DOJ released its eagerly awaited False Claims Act (FCA) recoveries for the fiscal year ending September 30, 2021, announcing that DOJ had obtained $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government.  This was the second largest annual total in FCA history (only surpassed byRead More

Topics: Fraud, False Claims, and False Statements

A Sea Change in Handling of Government Contractor Cyber Incident Reporting?

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In the wake of increasing cybersecurity threats and incidents, the U.S. Department of Defense (DoD) amended its Federal Acquisition Regulation Supplement (DFARS) in 2015 to issue the 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting clause (DFARS clause).  The DFARS clause, which is included in all DoD solicitations and contracts, including those for acquisitionsRead More

Topics: Cyber, Data Security, and Privacy, Fraud, False Claims, and False Statements, Government Contracts

Small Business Government Contractors Need to Watch Out for Increasing Criminal and False Claims Act Liability in Small Business Government Contracting Programs

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The U.S. Small Business Administration (SBA) preference programs can be vital for small businesses trying to compete in the potentially lucrative world of U.S. government contracting, but participation in these programs is not without risk.  Indeed, the programs can be fraught with peril and contain many landmines for those who do not understand and diligentlyRead More

Topics: Fraud, False Claims, and False Statements, Small Business / Socioeconomic Issues

Antitrust Developments and the Potential Impact on Government Contractors

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The Remedy of Divestiture: Steves and Sons, Inc. v. JELD-WEN, Inc. For what is believed to be the first time ever, a private plaintiff successfully challenged an already consummated merger under antitrust law and won divestiture as part of its remedy. Does this pose a potential increased risk of antitrust enforcement remedies of divestiture onlyRead More

Topics: Antitrust, Fraud, False Claims, and False Statements, Government Contracts