It is important to keep up with recent FCPA cases so that you do not find yourself in a similar situation.  In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”).  The… Read more »

Avoid Costly Mistakes in Contract Claims and Government Contractor Fraud Cases One of the most reviewed cases of a federal contractor defense to government contract fraud was Daewoo Eng’g & Constr.Co. v. United States, 73 Fed. Cl. 547, 597 (2006) where the Court of  Federal Claims held that Daewoo had committed fraud.  The… Read more »

Government contract fraud litigation has escalated over the past few years due to the increased government oversight. A particular target of federal procurement law is the federal False Claims Act. 28 USC 2514. To prevail under section 2514, the government must “establish by clear and convincing evidence that the contractor knew… Read more »

On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”).  The SBA’s Notice of Suspension from the 8 (a) certification program said  that WTE could… Read more »

Anti Kickback Statute Resolving Challenges of Fraud and Penalties Government contractors or health care agencies accused of violating the Anti Kickback Statute or fraud can be in for some huge fines if a court rules against them. Having sound internal practices and a thorough understanding of the applicable laws can greatly… Read more »

The False Claims Act (FCA) is governed under (31 USC 3729) avoids fraudulent activity against the federal government.  As a federal contractor, you must make sure that you have the requisite policies and training programs in place. Contractor policies should focus on preventing fraud, waste and abuse. At all cost, you must… Read more »

When looking at the government contract process for submitting claims, or you decide to file claims against the federal government, there are certain best practices and approaches that you must adhere to. Failure to follow them can tempt the Contracting Officer (CO) to try to negotiate the actual amount downwards or it… Read more »

Depending on the facts of your case, Federal False Claims Act penalties and damages under 31 USC 3729 and 31 USC 3730 (FCA) can be significant. In some situations, the penalty for violating the federal false claims act can total three times the amount of the claim, plus fines of $5,500-$11,000 per claim…. Read more »

On the issues of False Claims Act liability, there are varying opinions about prime and subcontractor liability. The bottom line is that both prime contractors and subcontractors can be liable under the Federal False Claims Act. The Federal False Claims Act (FCA) was created by Congress in 1863 during the American Civil… Read more »