Sunday, June 20, 2021

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Keep Your Friends Close and Your Subcontractors Even Closer: Prime and Sub Mostly Win...

The D.C. District Court has dismissed a False Claims Act complaint filed by a second-tier subcontractor against a prime contractor and first-tier subcontractor. In United State ex rel. Keaveney v. SRA Int’l, Inc., the relators alleged the defendants fraudulently induced the contract’s award by misrepresenting that the defendants’ own employees, rather than the second-tier subcontractor’s […]
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Contractor Whistleblower Protections Are Here to Stay

President Obama has signed legislation that makes permanent the current government contractor whistleblower protection pilot program and standardizes its protections across agencies. More at Crowell & Moring
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Academia Can Expect Heavy Federal Scrutiny for Fraudulent Use of Federal Funds

Universities and colleges receiving federal funds through research grants and student financial aid can expect the government to closely examine the receipt and use of these funds for evidence of False Claims Act violations. During 2016, the Department of Justice brought cases against academic institutions involving false certifications required for Medicare reimbursements; improper charges for […]
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Seventh Circuit Allows FCA Claim Based on Inferences of Fraud to Proceed; Claims Based...

In a recent case, the Seventh Circuit held that even though the relator did not allege with particularity the defendant’s actual submission of false claims to the government, other circumstances alleged with specificity sufficiently pled this element of the False Claims Act. In United States ex rel. Presser v. Acacia Mental Health Clinic, LLC, the […]
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Defense Contractor Agrees to $4.535 Million Settlement for Alleged False Claim Act Violations

Advanced C4 Solutions, Inc. will pay $4.535 million to settle allegations that it submitted inflated invoices to the Navy for work performed at Joint Base Andrews. According to the allegations, Andrew Bennett, while serving as the company’s project manager for the contract, knowingly submitted fraudulent invoices on behalf of C4’s subcontractor, Superior Communication Solutions, Inc. The settlement resolves allegations […]
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Jury Verdict in Declined Civil FCA Action Need Not Bar Criminal Prosecution for Same...

In its recent decision in United States v. Whyte, the United States District Court for the Western District of Virginia held that when the government does not intervene in a qui tam lawsuit, it is a party in interest, but not a party to the qui tam suit—a significant distinction for the purpose of collateral […]
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First Circuit Affirms Dismissal of Former Sales Representative’s False Claims Act Claims Against Medical...

The US Court of Appeals for the First Circuit issued an opinion in United States ex rel. Hagerty v. Cyberonics, Inc. (Case No. 16-1304) affirming the dismissal of a relator’s False Claims Act claims for failure to plead the alleged fraudulent scheme with particularity. In the case, a former sales representative of medical device manufacturer […]
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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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Fifth Circuit Reaffirms that Speculative Penalty Exposure Does Not a “Reverse False Claim” Make

In a recent decision, the Fifth Circuit held that a contingent penalty cannot create reverse claim liability because it does not represent an obligation to pay the government. In U.S. ex. rel. Simoneaux v. E.I. DuPont de Nemours & Co., the relator alleged the defendant knowingly failed to report chemical leaks to the Environmental Protection […]
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Bechtel and AECOM Settle False Claims for $125M; Whistleblower Award TBD

Bechtel National Inc., Bechtel Corp., URS Corp., and URS Energy and Construction Inc. will pay $125 million to resolve allegations they made false statements and claims to the Department of Energy by charging DOE for deficient nuclear quality materials, services, and testing provided at the Waste Treatment Plant at DOE’s Hanford Site. The settlement also […]
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