On June 23, 2025, the Ninth Circuit issued a long-awaited decision in Island Industries Inc. v. Sigma Corp. affirming a $26M False Claims Act (“FCA”) judgment against the defendant importer. Sigma had appealed the judgment after a jury found the company violated the FCA by failing to pay customs duties owed to U.S. Customs and Border Protection (“CBP”). The Ninth Circuit’s decision addresses an important jurisdictional issue and illustrates the significant financial exposure importers can face under the FCA at a time of increased tariffs and enforcement by the government. Continue Reading Ninth Circuit Decision Underscores Increasing False Claims Act Risks to U.S. Importers
DOJ’s Civil Rights Fraud Initiative Bolsters Threat of False Claims Act Enforcement Under “Anti-DEI” Executive Order
On May 19, 2025, Deputy Attorney General Todd Blanche issued a Memorandum creating the Civil Rights Fraud Initiative that will “utilize the False Claims Act to investigate and . . . pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” According to the Memorandum, though racial discrimination has “always been illegal,” the Administration posits that “many corporations and schools continue to adhere to racist policies and preferences—albeit camouflaged with cosmetic changes that disguise their discriminatory nature.” In an effort to prevent federal funds from being used in connection with or support of these purportedly racist policies and preferences, the Initiative will wield the power of the False Claims Act, the government’s most powerful tool to fight fraud, waste, and abuse.Continue Reading DOJ’s Civil Rights Fraud Initiative Bolsters Threat of False Claims Act Enforcement Under “Anti-DEI” Executive Order
Let’s Talk FCA: Growing FCA Risks Amidst “America First” Trade Policy
In this episode, Crowell’s hosts Agustin Orozco and Jason Crawford speak with Crowell attorneys Simeon Yerokun and Katherine Quinn about DOJ’s plan to aggressively use the FCA against illegal foreign trade practices. This episode includes discussion of common areas of FCA enforcement in cases involving allegations of customs fraud, and the hosts address steps that
Aggressive FCA Enforcement in Customs Calls for Compliance Review
The US Department of Justice intends to “aggressively” enforce the False Claims Act, Deputy Assistant Attorney General Michael Granston said in a speech at the Federal Bar Association’s annual qui tam conference earlier this year. He added that the agency particularly would focus on “illegal foreign trade practices” in conjunction with the Trump administration’s sweeping tariffs.Continue Reading Aggressive FCA Enforcement in Customs Calls for Compliance Review
Recent Deluge of Paycheck Protection Program False Claims Act Settlements
United States Attorneys’ Offices recently announced a number of False Claims Act (FCA) settlements arising out of the Paycheck Protection Program (PPP). These settlements reveal several trends that PPP loan recipients should be aware of.Continue Reading Recent Deluge of Paycheck Protection Program False Claims Act Settlements
Let’s Talk FCA: Evolving Disclosure Considerations for Contractors
In this episode, hosts Jason Crawford, Agustin Orozco, and Yuan Zhou discuss the evolving disclosure landscape and the various risks and rewards that contractors must weigh when deciding what to disclose, when to disclose, and where to direct the disclosure.
“Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False
The Evolving Landscape of Disclosure Considerations for Government Contractors
Last month marked the 16-year anniversary of the FAR Mandatory Disclosure Rule (MDR) going into effect, which created requirements for federal contractors to disclose violations of specific categories of federal criminal law and violations of the civil False Claims Act (FCA). But the passage of time has not simplified the analysis that government contractors must undertake when they learn of allegations about conduct that could be disclosable to the government. Rather, legal developments and new Department of Justice (DOJ) policies have created additional considerations for federal contractors as they navigate a complex disclosure landscape.Continue Reading The Evolving Landscape of Disclosure Considerations for Government Contractors
DOJ Settles PPP Case Based on Economic Necessity Certification
On December 18, 2024, the U.S. Attorney’s Office for the Western District of Texas announced a $680,000 False Claims Act (FCA) settlement with Lafayette RE Management LLC (Lafayette) in connection with the real estate investment firm’s receipt of a Paycheck Protection Program (PPP) loan at the height of the pandemic. Crowell has previously reported on DOJ’s steady pursuit of PPP cases which have resulted in FCA settlements based on issues such as affiliation (discussed here) and ineligibility under the program’s rules (discussed here), but the Lafayette settlement is the first time that the government has intervened in a case based on the economic necessity certification that all PPP borrowers had to make on the initial loan application. Continue Reading DOJ Settles PPP Case Based on Economic Necessity Certification
Let’s Talk FCA
Constitutionality of the Qui Tam Provisions
In this episode, Jason Crawford, Agustin Orozco, and Will Tucker discuss U.S. ex. rel. Zafirov v. Florida Medical Associates LLC, the recent decision in which a court found the qui tam provisions of the False Claims Act to be unconstitutional. The hosts analyze the court’s reasoning and consider
Trick or Treat? What You Need to Know About a First-of-its-Kind Decision Declaring FCA Qui Tam Provisions Unconstitutional
Judge Kathryn Kimball Mizelle of the District Court for the Middle District of Florida recently declared the False Claims Act qui tam provisions unconstitutional in U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, — F.Supp.3d –, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), turning up the heat on a simmering constitutional fight