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False Claims Act (FCA)

Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0

November 8, 2021 By Amy Mushahwar and Jon Knight

The Department of Defense (DoD) recently announced it will be revamping the nascent Cybersecurity Maturity Model Certification (CMMC) program pending two separate rulemaking processes.  As detailed below, the DoD will be updating “the program structure and the requirements to streamline and improve implementation of the CMMC program.”  We will be monitoring the rulemaking process for more details as they are known.  However, the primary short-term takeaway is that until the rulemaking process is complete, the DoD is suspending the CMMC Pilot Program and will not include CMMC requirements [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Information Technology, IP and Research in the Government World Tagged With: Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), False Claims Act (FCA), U.S. Department of Defense (DOD)

In the Aftermath of the Granston Memo, the DOJ Addresses (Some of) Grassley’s Concerns

February 13, 2020 By Jessica Sharron

As previously discussed in a Law360 article by Jeffrey Belkin, the DOJ’s Granston memo, dated January 10, 2018, “advised DOJ attorneys that, in tandem with their decisions to decline intervention in qui tam suits, they should consider proactively seeking dismissal under 31 U.S.C. § 3730(c)(2)(A).” On September 4, 2019, Senator Charles Grassley (R-IA) wrote to Attorney General William Barr expressing his concerns about the DOJ’s implementation of the Granston memo, a topic that we noted Grassley had previewed during Barr’s confirmation hearing. While recognizing the government should [...]Read more

Filed Under: Defense, Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Qui Tam, U.S. Department of Justice (DOJ), Whistleblower

DOJ Antitrust “Strike Force” Will Crack Down on Collusive Bidding and Procurement Fraud

November 13, 2019 By Alston Government Contracts Team

On November 5, 2019, the Department of Justice (DOJ) announced the formation of a new Procurement Collusion Strike Force (PCSF) to prosecute collusive bidding and procurement fraud in government contracting. According to Deputy Attorney General Jeffrey Rosen, the PCSF “will target bid-rigging and other antitrust crimes that can cost American taxpayers billions of dollars each year by undermining the federal government’s processes for purchasing goods and services and for money granted to states and municipalities to undertake large, high-dollar-figure public improvement projects.” The PCSF will [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act, Public Construction, Public Contract Litigation, State, Regional and Local Government Contracts Tagged With: Bid Protest, Civil Investigative Demands (CIDs), False Claims Act (FCA), Government Spending, Press, Qui Tam, U.S. Department of Defense (DOD), U.S. Department of Justice (DOJ), U.S. General Services Administration (GSA), U.S. Postal Service (USPS)

DOJ Affirms Cooperation Principles in Government Contract Fraud Investigations

May 16, 2019 By Jeffrey Belkin

Those of us who have had more than a few discussions with the Civil Fraud Section of the Department of Justice (DOJ) over the years about federal procurement and grant fraud have come away with a clear enough understanding of a few basic principles of cooperation. First, while it is cliché to say that the “multiple” on single damages that the DOJ might demand in settlement of a civil False Claims Act (FCA) case varies depending on the circumstances, the general understanding is that if a defendant settles at or before the time the DOJ must file its complaint, then the DOJ may be more willing [...]Read more

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA)

Will DOJ’s False Claims Act ‘Voluntary’ Dismissals Accelerate Under Attorney General Barr?

February 16, 2019 By Alston Government Contracts Team

It has been a few months since the 2015 “Yates Memo” was updated by Deputy Attorney General Rod Rosenstein’s announcement in late November 2018, as reflected by our colleagues in our White Collar Group.  While the principles behind the earlier policy were laudable – objectionable behavior will be deterred better when individual managers are at risk of criminal liability and financial ruin – the revised policy may not have had a sufficient time “in force” to result in actual behavioral modification.  At least from our vantage point of the government contracts industry.  Keep in [...]Read more

Filed Under: Advice to Contractors & Grant Recipients, Defense, Government Contract-Related Investigations and the False Claims Act Tagged With: Attorney General, False Claims Act (FCA), Granston Memo

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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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Recent Posts

  • The OFCCP’s New Contractor Portal: Here is What Federal Contractors and Subcontractors Ought to Know
  • Biden’s Infrastructure Funding Comes with Strings Attached
  • Department of Defense Suspends the CMMC Pilot Program And CMMC Requirements In DoD Solicitations Pending Major Changes For CMMC 2.0
  • Executive Order on Improving the Nation’s Cybersecurity: Biden Implements New Reporting Requirements on IT Government Contractors
  • Is There a Road Forward for Biden’s Infrastructure Plans?
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