Monday, April 6, 2020

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ASBCA Rejects Agency’s Fraud Allegation Because CO Did Not Report Matter to Investigators

The Armed Services Board of Contract Appeals denied NASA's motion to dismiss a contractor's appeal due to a fraudulent claim, finding the CO did...

PubKCompliance News for July 23, 2018 [Podcast]

A biweekly podcast covering news and opinion related to government False Claims Act cases, Foreign Corrupt Practices Act enforcement, and related legal issues. This week’s...

Recent Decisions Provide Further Guidance on Application of Escobar’s Materiality Standard

Two recent court decisions ruled in favor of relators on the issue of materiality under the standard set forth in the Supreme Court’s Escobar decision. The Fifth Circuit reversed a decision by the Southern District of Texas, which had held that relators had failed to sufficiently plead materiality. And the Eastern District of California denied […]
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How Walmart Outgrew Its Compliance Program

Lauren Caryer of the Kreller Group analyzes what led to the recent $282 million penalty Walmart accepted to settle civil and criminal FCPA charges over activities by its subsidiaries in Mexico, India, China, and Brazil. She notes that Walmart International “had become an empire unto itself, operating in 26 countries and accounting for over a […]
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PubKCompliance News for June 18, 2018 [Podcast]

A biweekly podcast covering news and opinion related to government False Claims Act cases, Foreign Corrupt Practices Act enforcement, and related legal issues. This week’s...

Viewpoint: Suspend the Trump Organization from Doing Business with Government

In a commentary for Government Executive, Steve Schooner, the Nash & Cibinic Professor of Government Procurement Law at the George Washington University Law School; Kathleen...

Reflecting Shifting Priorities at DCAA and DOJ, Nichols Liu Adds Top Defective Pricing Expert

Chambers-ranked partner David Bodenheimer has moved from Crowell & Moring to Nichols Liu, a government contracts litigation firm.  Bodenheimer has handled billion-dollar government claims litigation, wrote the Defective Pricing Handbook (Thomson Reuters), and is ranked by Chambers USA as a “top expert on defective pricing.” According to the Department of Defense, there has been a […]
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The False Claims Act: Yesterday, Today, and Tomorrow – What A Long Strange Trip...

Andy Liu and Bob Rhoad have written a three-part retrospective series of Feature Comments in The Government Contractor on the False Claims Act, which...

Appeal Stayed Pending Resolution of Criminal Case Considering Similar Facts as Government’s Affirmative Defense...

Motion to stay an appeal of the agency’s denial of a claim for costs related to work outside the scope of the original contract is granted, where the agency’s affirmative defense of fraud is also being considered in a criminal indictment of the appellant and further discovery in the civil case could prejudice the government. […]
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PubKCompliance News for June 4, 2018 [Podcast]

A biweekly podcast covering news and opinion related to government False Claims Act cases, Foreign Corrupt Practices Act enforcement, and related legal issues. This week’s...
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