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Whistleblower

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

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

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

February 15, 2016 By Jessica Sharron

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

Filed Under: Advice to Contractors & Grant Recipients, Government Contract-Related Investigations and the False Claims Act Tagged With: Attorney-Client Privilege, Civil Investigative Demands (CIDs), Claims Mitigation, False Claims Act (FCA), Kellogg Brown & Root Servs. Inc. v. U.S. ex rel. Carter, Qui Tam, United States ex rel. Badr v. Triple Canopy Inc., Webinar, Whistleblower, Workforce Training

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

February 1, 2016 By Andrew Howard

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

Filed Under: Government Contract-Related Investigations and the False Claims Act Tagged With: False Claims Act (FCA), Qui Tam, Recoveries, U.S. Army Communication-Electronics Command (CECOM), U.S. Department of Defense (DOD), U.S. General Services Administration (GSA), U.S. Office of Personnel Management (OPM), 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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