Alston & Bird Government Contracts Blog

Government Contract-Related Investigations and the False Claims Act

Supreme Court to Rule on the Implied Certification Theory

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The U.S. Supreme Court has scheduled oral arguments in a case that will have significant implications for cases brought under the False Claims Act (FCA). In Universal Health Services v. United States ex rel. Escobar, No. 15-7, the Court will hear argument on two important questions. First, whether the “implied certification” theory of legal falsity is viable under the FCA, a question on which the circuit courts of appeal are divided. If the Court concludes the implied certification theory is viable, then the second issue it will consider is whether government contractors’ reimbursement claims [...]Read more

Andy Howard and Jessica Sharron on “The False Claims Act: Recent Trends and Hot Topics” – A Webinar

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On January 27, 2016, Alston & Bird’s Andy Howard and Jessica Sharron presented a live webinar titled “The False Claims Act: Recent Trends and Hot Topics” in connection with Lorman Education Services. In this 90-minute session, the attorneys covered recent developments in False Claims Act (FCA) law; the state of attorney-client privilege in FCA whistleblower (“qui tam”) lawsuits; the growing use of civil investigative demands (CIDs) and how to survive CID audits and investigations, workforce training, and FCA claim mitigation techniques; and the disagreement in various federal appeals [...]Read more

A Summary of the Department of Justice’s 2015 False Claims Act Review

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The False Claims Act (FCA) again proved itself to be the government’s primary tool to combat procurement fraud. According to the Department of Justice, in 2015 alone, the government recovered more than $3.5 billion from FCA settlements and judgments for the fourth year in a row, bringing the total recovery since January 2009 to $26.4 billion. Of the $3.5 billion recovered last year, roughly $1.1 billion came from settlements and judgments in cases alleging false claims for payment under government contracts, raising the total recovery for government contracts and procurement fraud settlements [...]Read more

Reasonable Interpretations of Statutes May Prevent Liability Under the False Claims Act

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As a recent case from the District of Columbia Circuit demonstrates, the knowledge requirement of the False Claims Act (FCA) often creates the largest impediment for those looking to hold defendants liable for their false certifications to the government. In United States ex. rel. Purcell v. MWI Corp., No. 14-5210, 2015 WL 7597536 (D.C. Cir. Nov. 24, 2015), the United States brought a civil action under the FCA against MWI Corporation. The government alleged that MWI made false certifications to the Export-Import Bank to secure loans for financing the sale of water pumps to Nigeria. Under the terms [...]Read more