The federal government’s renewed focus on corporate misconduct and the recent expansion of its disclosure and whistleblower policies have thrust corporate criminal liability into the spotlight. It may come as no surprise that corporations are legal persons capable of committing crimes, but the scope of potential criminal liability for corporations is broader than one may realize.
Continue Reading Criminal Enforcement Considerations for Gov’t Contractors
Counterclaims Against Compliance-Officer-Turned-Relator Survive Motion to Dismiss
A recent decision in a non-intervened qui tam suit in the Northern District of Georgia provides an example of a defendant threading the needle to avoid dismissal of its counterclaims despite those counterclaims arguably implicating the conduct that the relator alleged violated the False Claims Act (FCA). It also stands as a rare instance where a company’s counterclaims against an FCA relator have survived early court scrutiny and, as such, provides FCA defendants with a potential strategy to combat opportunistic relators.
Continue Reading Counterclaims Against Compliance-Officer-Turned-Relator Survive Motion to DismissLet’s Talk FCA
Criminal Investigations and the False Claims Act
In this episode, Steve Byers, Jason Crawford, and Agustin Orozco discuss the intersection between False Claims Act investigations and parallel criminal proceedings. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.
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Let’s Talk FCA
Cost Accounting and the False Claims Act
In this episode, Jason Crawford, Agustin Orozco, and Erin Rankin look back at one of the more noteworthy settlements of 2023—the $377M settlement by Booz Allen Hamilton to resolve allegations arising out of the company’s purported non-compliance with Cost Accounting Standards. “Let’s Talk FCA” is Crowell & Moring’s
Let’s Talk FCA
Civil-Cyber Fraud Initiative
In this episode, Jason Crawford, Nkechi Kanu, and Agustin Orozco discuss a recent settlement that underscores the DOJ’s increased use of the False Claims Act to enforce noncompliance with cybersecurity requirements. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.
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Affiliation Renders PPP Borrower Not Small for its $6.28M PPP Loan, Resulting in a $9M FCA Settlement
On October 11, 2023, the Department of Justice announced a $9 million settlement with Victory Automotive Group Inc. (VAG) to resolve allegations that it violated the False Claims Act (FCA) by knowingly providing false information in support of its Paycheck Protection Program (PPP) loan. This settlement is one of the larger ones to date related to receipt of a PPP loan and one of the first in which affiliation rendered a PPP borrower other than small.
Continue Reading Affiliation Renders PPP Borrower Not Small for its $6.28M PPP Loan, Resulting in a $9M FCA SettlementDOJ Announces Safe Harbor for Acquirers Who Disclose Pre-Acquisition Misconduct
On October 4, 2023, Deputy Attorney General (DAG) Lisa O. Monaco announced the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (Safe Harbor Policy). Following other announcements from DOJ over the past two years aimed at encouraging voluntary self-disclosures, the Safe Harbor Policy was adopted because DOJ does not want to “discourage companies with effective compliance programs from lawfully acquiring companies with ineffective compliance programs.” Through this new policy, DOJ is aiming to incentivize acquirers to timely disclose misconduct discovered during the M&A process (including pre-closing diligence and post-closing integration).
Continue Reading DOJ Announces Safe Harbor for Acquirers Who Disclose Pre-Acquisition MisconductLet’s Talk FCA: Pandemic Relief Fraud
In this episode, Jason Crawford, Olivia Lynch, and Agustin Orozco discuss government investigations and enforcement trends regarding pandemic relief fraud. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.
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Let’s Talk FCA: Supreme Court Upholds DOJ’s Broad Dismissal Authority
In this episode, Jason Crawford, Agustin Orozco, and Lyndsay Gorton discuss the Supreme Court’s opinion in United States ex rel. Polansky, which held in an 8-1 decision that the Department of Justice maintains broad authority to dismiss qui tam cases over a relator’s objection. The hosts also discuss Justice Thomas’s dissenting opinion which could
Treasury and IRS Release Proposed Guidance on Domestic Content Requirement for Clean Energy Bonus Credit
On May 12, 2023, the Department of Treasury and the Internal Revenue Service (IRS) released Notice 2023-38 (Notice), stating that they intend to propose regulations to address the requirements taxpayers must satisfy when claiming domestic content bonus credit amounts provided by the Inflation Reduction Act under Internal Revenue Code (IRC) Sections 45, 45Y, 48, and