Sunday, September 27, 2020

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SCOTUS to Stake Out Statute of Limitations for Relators—Six and Out or More?

Craig D. Margolis of Arnold & Porter writes about the Supreme Court's decision to grant a petition for certiorari in Cochise Consultancy, Inc. and...

The KPMG Debacle – Five Former KPMG Employees and Former PCAOB Employees Indicted for...

The government alleges that KPMG audit professionals and Public Company Accounting Oversight Board employees shared confidential audit inspection information with KPMG in order for KPMG to game PCAOB’s inspection system. One former PCAOB employee who later obtained employment with KPMG has already pleaded guilty to his role in the scheme, and five others are under […]
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FCPA Flash – A Conversation With Adriaen Morse

The FCPA Flash podcast features a conversation with Adriaen Morse, one of a small number of individuals who has experienced the FCPA from three different vantage points: counsel in the SEC’s enforcement division, a partner at international law firms and currently running his own firm, and leading the litigation and compliance departments of two Fortune […]
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EDVA Latest to Weigh in on Standard for Evaluating Granston Motions to Dismiss—Straddles the...

As battles rage in a series of False Claims Act cases about the appropriate standard for assessing “Granston” motions to dismiss (i.e., motions under 31 U.S.C. § 3730(c)(2)(A)), the U.S. District Court for the Eastern District of Virginia quietly stepped into the fray. In United States ex rel. Henneberger v. Ticom Geomatics, Inc., 1:16-cv-670 (E.D. Va. June 12, […]
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HUD Secretary Carson Cleared of Misconduct in Purchasing Probe

The Department of Housing and Urban Development’s independent watchdog has cleared Secretary Ben Carson of misconduct in connection with the order of a $31,000 dining room set for his office suite. HUD’s Office of Inspector General launched a probe last year into allegations that Carson violated federal law by authorizing a purchase of more than […]
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Learn from Others’ Mistakes and Avoid an FCA Claim

The recent settlement reached by International Business Machines Corporation (IBM), Cúram Software Ltd. (Cúram), and the Department of Justice provides a useful lesson for government contractors—especially contractors in the healthcare industry. Read the full post at Piliero Mazza
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DoD Class Deviation: Flexibilities for Electronic Delivery of Information Related to Suspensions and Debarments

In response to the COVID-19 outbreak, Acting Principal Director of Defense Pricing and Contracting Kim Herrington has authorized debarring and suspending officials to deviate from FAR requirements to provide certain notices and decisions to contractors via certified mail, return receipt requested. They may also provide such notices and decisions to contractors electronically, via e-mail and/or […]
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Defining a Theory of “Bribery” for Impeachment

Academics Josh Blackman and Seth Barrett Tillman look at some of the various arguments to be made for the impeachment and removal from office of President Donald Trump. “There are no claims (yet at least) that President Trump engaged in treason,” they write. “There are some allegations that Trump violated an appropriations statute, which could, […]
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Let’s Talk FCA: Inspectors General and the False Claims Act (July 2019)

In this episode, hosts Mana Lombardo and Jason Crawford speak with Adam Kaplan, Senior Counsel in the Office of Inspector General at the United States Agency for International Development about the important role played by agency inspectors general in FCA investigations. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the […]
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FCA Cooperation Guidance: Groundbreaking or Grab-Bag?

Attorneys at Arnold & Porter assess the Department of Justice’s new, more formal False Claims Act enforcement guidelines around cooperation credit, applauding the idea, but expressing puzzlement at some of the content. “While there is much discussion of what constitutes cooperation, there is little mention of the benefit of the bargain. DOJ does not outline […]
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