Government Procurement Fraud Defense to False Claims Act

Government procurement 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 »

Anti Kickback Statute – Resolving Challenges and Fraud Penalties

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 »

What is the Federal False Claims Act 31 USC 3729?

Federal False Claims Act 31 USC 3729 is used by federal law enforcement agents to investigate, charge and convict small businesses and large federal contractors. Learning to combat these charges up front is critical to avoiding criminal charges or hefty civil fines during federal false claims act and qui tam… Read more »

Government Contracts Claims Process – Five Approaches

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 »

Federal False Claims Act Penalties

The Department of Justice, while enforcing statutory False Claims Act penalties, obtained more than $4.7 billion in settlements and judgments from civil cases involving reporting fraud and false claims against the government in the fiscal year 2016 ending Sept. 30. See announcement here. Prime contractors and subcontractors performing on federal… Read more »

False Claims Act and Subcontractor Liability

On the issue of False Claims Act liability, there are varying opinions about liability of main contractor for subcontractor. The bottom line is that both prime contractors and independent contractors can be liable under the Federal False Claims Act.  The DOJ and various agency IG offices have increased the level… Read more »