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Government Contract-Related Investigations and the False Claims Act

Alston & Bird 2018 GovCon Briefing and CLE: Washington, D.C.

November 16, 2018 By Alston Government Contracts Team

On October 24, the Government Contracts team at Alston & Bird hosted its inaugural briefing in Washington, D.C. discussing the latest developments and industry updates in the government contracts space.  Presenters included Jeff Belkin, Jeniffer Roberts, Jessica Sharron, Jeremy Silverman, Andy Howard, Mike Mortorano and Katherine Veeder. The topics addressed were a variety of industry developments and key areas that are particularly salient in the current GovCon market.  Jeremy Silverman and Jeniffer Roberts provided a valuable bridge between the GovCon world and the M&A market by [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Government Contract-Related Investigations and the False Claims Act, Public Contract Litigation Tagged With: Bid Protest, False Claims Act (FCA), Qui Tam

DOJ Crackdown on False Certification for Small Business Set-aside Award

August 13, 2018 By Alston Government Contracts Team

As discussed in prior blog posts, the DOJ over the last few years has continued to crack down on small-business contracting fraud, including “pass through” and “sham” contracting schemes. This trend has continued, and the DOJ recently cracked down on a subcontractor’s false certification for a government small-business set-aside program. On May 3, 2018, the DOJ announced that MassTech Inc. (MTI) and its CEO and CFO agreed to pay the United States $1.9 million to resolve allegations that MTI falsely certified it was a small business concern in order to obtain a Small Business Innovation [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Small Business Administration (SBA), U.S. Department of Justice (DOJ)

Jeff Belkin Quoted by Law360 on Leaked DOJ FCA Memo

February 1, 2018 By Alston Government Contracts Team

On January 25, 2018, Jeff Belkin was quoted by Law360 in the article “FCA Memo No Proof of New DOJ Direction on Dismissals,” which covers a recently leaked memo from the U.S. Department of Justice (DOJ) detailing when DOJ attorneys should ask to dismiss “meritless” qui tam False Claims Act cases. The article covers varying viewpoints about what the impact of the memo will be on future FCA cases. Many FCA defense attorneys have reacted positively, some saying that the memo does suggest a change in policy. Others have reservations and remain unconvinced of actual policy changes. In the article, [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Press, Qui Tam, U.S. Department of Justice (DOJ)

Chris Roux and John Hanover Published in The Construction Lawyer on Implied False Certification Liability

January 24, 2018 By Alston Government Contracts Team

Alston & Bird partners Chris Roux and John Hanover had their article, “Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar,” published in the Winter 2018 edition of The Construction Lawyer. The article takes an in-depth look at the viability of implied false certification claims under the False Claims Act by examining their use before and after the U.S. Supreme Court’s Escobar decision, the key elements of the decision, and how varying interpretations of the decision apply to the construction industry. Readers [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act, Public Construction Tagged With: False Claims Act (FCA), Implied Certification Theory, Press, U.S. Supreme Court, Universal Health Services Inc. v. United States ex rel. Escobar

Fifth Circuit Ruling Shows Government’s Actions Are Key Under Escobar

October 26, 2017 By Jessica Sharron

Government contractors continue to closely follow the impact of the U.S. Supreme Court’s landmark False Claims Act decision in Universal Health v. U.S. ex rel Escobar. Most recently, in U.S. ex rel Harman v. Trinity Industries, the Fifth Circuit considered the heightened standard whistleblowers must meet under Escobar to prove materiality if the government continued to pay claims despite its knowledge of misconduct allegations. In Trinity Industries, Trinity, a manufacturing company and government contractor, appealed the denial of its motion for judgment as a matter of law. The underlying [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Fifth Circuit Court of Appeals, Qui Tam, U.S. ex rel Harman v. Trinity Industries, U.S. Supreme Court, Universal Health Services Inc. v. United States ex rel. Escobar, Whistleblower

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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