Saturday, October 24, 2020

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Improper Substitution of Parties Constitutes Violation of FCA’s First-to-File Rule; U.S. Court of Appeals...

The Tenth Circuit reversed a district court ruling and dismissed a False Claims Act suit against Triumph Gear Systems Inc., finding that the original relator’s attorney had improperly substituted himself and another individual for the original complainant and thereby violated the FCA’s first-to-file rule. Because the parties were substituted without leave, the new relators were […]
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USDA Has Active S&D Referral Process, But Not All Offices Are Using It

The Department of Agriculture has implemented a comprehensive set of suspension and debarment tools and has an active referral process, according to a new report from the USDA Office of Inspector General.  However, while the Office of the Chief Financial Officer implemented a majority of OIG’s previous 27 recommendations, auditors found 5 that were not effectively […]
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Who Enforces China’s Anti-Corruption Laws? Recent Reform of China’s Criminal Prosecution Agencies and the...

In an article in Loyola of Los Angeles International and Comparative Law Review, Lyric Chen, a law clerk in the U.S. District Court for the Eastern District of Pennsylvania, examines the Chinese government entities that enforce the country’s anti-corruption statutes, including the People’s Procuratorate, the Commission for Disciplinary Inspection, and the Ministry of Supervision. Chen’s analysis shows that […]
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Breaking Down the 2017 DOJ and OIG Compliance Guides

Earlier this year, DOJ and OIG independently issued guides focused on evaluating compliance program effectiveness. The guides approach the topic from different perspectives but cover overlapping themes and work well in tandem. Experts with McDermott, Will & Emery reviewed the guides and compiled a reference tool to aid organization executives and boards of directors to […]
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Resource Alert: The TRACE Bribery Risk Matrix

The TRACE Bribery Risk Matrix offers the compliance community with more reliable, nuanced information about the risks of commercial bribery worldwide by aggregating data obtained from leading public interest and international organizations, including the United Nations, the World Bank and the World Economic Forum, to provide a total of fourteen risk scores per country. Each country is assigned not only […]
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GAO: DoD Can Improve Quality of Whistleblower Investigations

In its review of the Department of Defense’s processes for responding to internal whistleblower allegations, the Government Accountability Office found that the DoD Office of Inspector General had established processes to help ensure the independence and thoroughness of its investigations into allegations of DoD civilian and contractor employee whistleblower reprisal, but did not meet statutory or internal timeliness […]
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DOE Issues FAR Class Deviation for Whistleblower Protections for Contractor Employees

The Department of Energy has issued a class deviation reinserting whistleblower protections that were made permanent by law in December 2016, but expired in the FAR in July. The deviation is effective immediately and revises FAR part 3; the clause matrix; and FAR clauses 52.212-41 and 52.212-52. The deviation remains in effect until the FAR is […]
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New Guidance for UK Companies (and Everyone Else)

Transparency International UK has created a free online tool to help companies create anti-bribery compliance programs and evaluate their effectiveness. According to TI-UK, Global Anti-Bribery Guidance: Best Practices for Companies in the UK and Overseas draws on the expertise of more than 120 leading compliance and legal practitioners, as well as the firm’s own global […]
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COFC Allows Government to Amend Answer Asserting New Affirmative Defense and Fraud Counterclaims; COFC...

The Court of Federal Claims allowed the government to amend its answer to a claim challenging a termination for default of a construction contract, finding that the plaintiffs would not be prejudiced by allowing the government to assert an affirmative defense of illegality arising from a false claim, and three counterclaims based on fraud and […]
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Judge Tosses Guardrail FCA Judgment Because Government Continued to Pay

In a decision last week, the Fifth Circuit overturned a $663 million FCA judgment against Trinity Industries Inc., concluding that the whistleblower’s claims about allegedly defective highway guardrails were undermined by the government’s continued payment to the defendant. The relator alleged that Trinity withheld material information about a design change to its product, but the court […]
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