As federal contractors and grant recipients navigate the changing landscape of diversity, equity, and inclusion (DEI) programs, the Trump administration’s rescinding of Executive Order No. 11246 (EO) raises new concerns about potential False Claims Act (FCA) liability for non-compliance.Continue Reading Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
Government Contracts
Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
The Trump administration’s recent executive order targeting diversity, equity, and inclusion (DEI) programs is reshaping the landscape for healthcare providers, with potential legal and regulatory implications that are still unfolding. Continue Reading Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
The United States Intervenes in its First False Claims Act Cybersecurity Case
By Taylor Sample on
The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate Director of Cybersecurity and former Principal Information Security Engineer (the relators). Continue Reading The United States Intervenes in its First False Claims Act Cybersecurity Case
Cyber Incident Reporting May Be “Material” for Federal Contractors
By Taylor Sample on
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA). Continue Reading Cyber Incident Reporting May Be “Material” for Federal Contractors
Ninth Circuit Limits Damages in Government Procurement Case
By Peter Rathmell on
Posted in Damages, Government Contracts
On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context. Continue Reading Ninth Circuit Limits Damages in Government Procurement Case
Recent FCA Settlements in Government Contracts Cases
By Charlotte Elam on
The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows. Continue Reading Recent FCA Settlements in Government Contracts Cases
Government Announces First FCA Settlement with PPP Lender
By Hannah Choate on
Posted in Enforcement, Government Contracts
The Department of Justice (DOJ) announced on September 12, the first-ever False Claims Act (FCA) settlement with a Paycheck Protection Program (PPP) lender.
Continue Reading Government Announces First FCA Settlement with PPP Lender
PPP Enforcement Actions Gather Steam
By Hannah Choate on
The Paycheck Protection Program (PPP) was intended to provide a fast influx of assistance to small businesses during the economic shock created by the COVID-19 pandemic. The speed with which loans were distributed to businesses nationwide was striking, and so was the speed with which the Department of Justice (DOJ) began prosecuting those abusing the program. Reports of corporations and individuals seeking to take advantage of the PPP prompted a vigorous law enforcement response that has broadened its scope in recent months. As we highlighted last year, the DOJ has taken aggressive action to pursue those who engaged in misconduct involving the PPP and other CARES Act stimulus programs.
Continue Reading PPP Enforcement Actions Gather Steam
False Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law
As previous False Claims Act (FCA) Fundamentals posts have discussed, the FCA, 31 U.S.C. § 3729, et seq., can be triggered by submitting claims tied to violations of certain federal statutes. This post will explain the basics of two such statutes: the Anti-Kickback Statute (AKS) and the Stark Law.
Continue Reading False Claims Act Fundamentals: Anti-Kickback Statute and the Stark Law
DOJ’s Civil Cyber-Fraud Initiative Impact on Healthcare Organizations
By Lisa Rivera on
I was recently interviewed on the Healthcare Strategies podcast about how the Department of Justice (DOJ) is enforcing the Civil Cyber-Fraud Initiative to hold healthcare organizations accountable for cybersecurity matters. The Initiative, launched by DOJ in October 2021, utilizes the False Claims Act (FCA) to take action against entities that knowingly provide insufficient data security measures.
Continue Reading DOJ’s Civil Cyber-Fraud Initiative Impact on Healthcare Organizations