Saturday, December 4, 2021

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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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Silver Linings for FY16: DOJ FCA Stats Tough on Pharma and Banks, but Defense...

The Department of Justice’s annual summary of False Claims Act recoveries identified $4.7 billion in settlements and judgments in fiscal year 2016. The amount of recoveries increased from FY2015, but was down more than 20 percent compared to FY2014. Of note, DOJ is now accounting settlements against individuals separately from other categories. Recoveries from the […]
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Sixth Circuit Interprets 2009 Reverse False Claims Amended Provision: What Does It Mean to...

The Sixth Circuit’s recent decision in US ex rel. Harper v. Muskingum Watershed Conservancy District, –F.3d–, 2016 WL 6832974 (6th Cir. 2016), provides an instructive analysis of the “reverse false claims” liability created by a 2009 amendment to the False Claims Act. In Harper, the relators brought a qui tam against the Muskingum Watershed Conservancy […]
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DOJ Export Controls and Economic Sanctions Enforcement Guidance Likely to Impact Government Contractors, Parallels...

Members of the Steptoe International Regulation and Compliance team—Tom Best, Jack Hayes, Andy Irwin, Ed Krauland, and Lucinda Low—have co-authored “DOJ Export Controls and Economic Sanctions Enforcement Guidance Likely to Impact Government Contractors, Parallels FCPA Pilot Program” for Thomson Reuters Briefing Papers (No. 16-12).  The paper discusses a memorandum by the US Department of Justice’s National Security […]
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DOJ FCA Stats Tough on Pharma and Banks, but Defense Pipeline Narrowing

The Department of Justice’s annual summary of False Claims Act recoveries identified $4.7 billion in settlements and judgments in fiscal year 2016. The amount of recoveries increased from FY2015, but was down more than 20 percent compared to FY2014. Of note, DOJ is now accounting settlements against individuals separately from other categories. Recoveries from the […]
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Ninth Circuit Rejects FCA Suit Alleging Medical Device Inaccuracies

In United States ex rel. Ruhe v. Masimo Corp., the Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment for defendant Masimo Corporation, a medical device manufacturer. The relators in this False Claims Act case had alleged that Masimo made fraudulent statements about the accuracy of the company’s pulse oximeter devices, […]
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Fifth Circuit Affirms Disqualification of Attorney Relator for Ethical Violations

The Fifth Circuit has affirmed the disqualification of an attorney relator and dismissed his qui tam action against contractor Northrop Grumman, finding that the district court did not abuse its discretion in disqualifying the attorney as a relator after he violated several ethical obligations in the course of filing the False Claims Act action. During an arbitration […]
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Construction Companies, Senior Corporate Officers to Pay $1M to Settle False Claims Act Allegations

Rosciti Construction Corporation and Wallace Construction Corporation, together with four of the companies’ current and former owners and officers, will pay $1 million dollars to resolve civil allegations that they violated the False Claims Act by submitting claims for reimbursement for funding earmarked for minority, women-owned, or small business that they were not entitled to […]
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