To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements:
1.Falsity; -
2.Knowledge; and -
3.Materiality.
In this blog post, we will explore the Falsity element. ...more
10/3/2024
/ Collective Knowledge ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Failure to Comply ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Health Care Providers ,
Healthcare Fraud ,
Materiality ,
Medicaid ,
Medicare ,
Misrepresentation ,
Reimbursements
This is a blog series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US government. FCA...more
On February 22, 2024, the U.S. Department of Justice (“DOJ”) released its Fiscal Year 2023 False Claims Act (“FCA”) statistics showing recoveries of almost $2.7 billion. Last year’s recoveries exceeded 2022’s $2.2 billion...more
A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before submitting firm-fixed price...more
Federal contractors are winning a safeguard against the government’s practice of moving to dismiss cases brought under the Contract Disputes Act (CDA) for lack of jurisdiction in the late stages of litigation.
Recent...more
We invite you to review the materials from our presentations that covered key issues facing government contractors. The topics include:
• Year in Review – Federal Contracts Case Law Update-
• Cost Accounting Compliance-...more
11/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Best Practices ,
Buy American Act ,
China ,
Contract Disputes ,
Copyright ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Procurement Systems ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Internal Investigations ,
Risk Management ,
Section 301 ,
Tax Incentives ,
Trade Agreements Act ,
USTR
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price task order. ASBCA No....more
The Supreme Court recently decided in Coinbase, Inc. v. Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1] of a motion to compel arbitration....more
Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White House, the...more
The Supreme Court’s recent decision in United States ex rel. Schutte v. SuperValu, Inc. clarified that the claimant’s knowledge and subjective beliefs, and not what an objectively reasonable person may have known or believed...more