Amid the chaos of the past few weeks—sweeping executive orders, relentless cost-cutting, and an air of uncertainty that lingers like smoke after a fire—federal contractors have been left reeling, straining to hear what comes...more
Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that...more
9/5/2024
/ Chief Information Officers (CIO) ,
Compliance ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Relators ,
Risk Management ,
Whistleblowers
On August 1, 2024, the US Department of Justice (DOJ) Criminal Division introduced its Corporate Whistleblower Awards Pilot Program (Program), which, like a modern-day Western posse, aims to bring justice to the wild frontier...more
9/4/2024
/ Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Pilot Programs ,
Financial Crimes ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare Fraud ,
Internal Investigations ,
Risk Assessment ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when...more
6/9/2023
/ Contractors ,
False Claims Act (FCA) ,
Federal Contractors ,
Invoices ,
Medicare ,
Personal Knowledge ,
Pharmacies ,
Prescription Drugs ,
Reasonable Interpretations ,
Scienter ,
SCOTUS ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Scenario 1: A pharmacy chain hires a value consultant to review its Medicare and Medicaid billing practices for ways to optimize the coding of drug reimbursements to maximize profits. Drugs that had historically been charged...more
2/3/2023
/ Billing ,
CFOs ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Care Providers ,
Medicaid ,
Medicare ,
Reasonableness Factors ,
Reimbursements ,
SCOTUS
As COVID-19 antibodies begin flooding the immune systems of most Americans, it is important to remember the important role that hygiene has played over the past fifteen months. For many, the risks and dangers of the pandemic...more
6/16/2021
/ American Rescue Plan Act of 2021 ,
Business Associates Agreement (BAA) ,
Buy American Act ,
CARES Act ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Information Technology ,
Joe Biden ,
Masks ,
Sanitation ,
Supply Chain ,
Trade Agreements Act ,
Trading Advisory Agreements (TAAs) ,
U.S. Commerce Department
Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more
When entering a casino, professional gamblers understand that “the house doesn’t beat the player. It just gives him the opportunity to beat himself.” This axiom is precisely why in the long run casinos make money, while...more
The Prospect of False Claims Act’s Treble Damages Require Meticulous Record Keeping under the CARES Act-
On April 10, 2020, the Government Accountability Office (GAO) announced its effort to root out fraud associated with...more