Federal Anti Kickback Act, Statute Penalties and Information

Under the Federal Anti Kickback Act individuals and companies are prohibited from offering, paying, soliciting or receiving kickback payments for items or services covered by federally funded programs. For example, medical physicians cannot compromise their judgment by improper financial incentives. In a recent Anti-kickback Act case on the DOJ Website, Cardiovascular… Read more »

False Claims Act Statute of Limitations

Understanding the applicable federal False Claims Act statute of limitations cases under 31 USC 3729  and 18 USC 3731 can often get the case dismissed if not adhered to by the government. As for any case, facts drive the outcome of any limitations dispute.  The regulation puts the burden on… Read more »

Suspension and Debarment of Government Contractors

Procurement suspension and debarment of government contractors come into play when you do not comply with the terms and conditions of your contract. Not all companies understand what has to be done to overcome agency referrals for suspension or debarment or how to meet the preponderance of the evidence standard… Read more »

Procurement & Government Contract Fraud & Termination for Default

Government procurement fraud can arise in a variety of situations. A common example occurs during the bidding phase when offerors submit untruthful information in efforts to secure a government contract, or in other situations, to get admitted into a program administered by the Small Business Administration. In the case of… Read more »

Government Contract and Procurement Fraud Crackdown

Given the increase in government contract and procurement fraud activity, in 2006, the National contract government procurement Fraud Task Force was formed to promote the early detection, identification, prevention, and prosecution of procurement contract fraud.  Government contractors are more exposed to investigations and are finding themselves facing more criminal charges and jail… Read more »

Recent 2014 Current US SEC FCPA Cases and Violations

It is important to keep up with recent US 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”). … Read more »

Government Procurement Fraud Defense to False Claims Act

Government procurement fraud litigation has escalated over the past few years due to 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 that… Read more »