Government Contracts Legal Forum

Tag Archives: Qui Tam

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Bid Protest, Legal Developments, Podcast
Announcing a new podcast feature – Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at Disclaimer: we cannot give legal advice unless and until… Continue Reading

Solicitor General Addresses Standard for Rule 9(b) in FCA Cases, Asks Supreme Court Not to

Posted in False Claims
The government has reiterated in no uncertain terms its proposed standard for particularity under the FCA: “a qui tam complaint satisfie[s] Rule 9(b) if it contains detailed allegations supporting a plausible inference that false claims were submitted to the government, even if the complaint does not identify specific requests for payment.”  Brief for United States… Continue Reading

GSA Schedule Contracting: Does Your Company Have Sufficient Internal Controls to Minimize Noncompliance Risks?

Posted in GSA Schedule/Commercial Items
Just last week, the Department of Justice announced another large False Claims Act settlement with a GSA Schedule contractor – for $60.9 million. A review of the underlying qui tam complaint, filed by a former vice president of the contractor, reveals multiple alleged failures by Tremco Inc. and RPM International to comply with the basic… Continue Reading

The Growing Split Over Whether the FCA’s Public Disclosure Bar is Still a Jurisdictional Limitation

Posted in False Claims
In March, we published an article entitled “New Questions Regarding The Jurisdictionality Of The FCA’s Public Disclosure Bar: Potential Hurdles And Increased Costs In Defending Against Parasitic Qui Tam Actions,” The Government Contractor, Vol. 55, No. 12 (Mar. 27, 2013). We explored whether, given the 2010 amendments to the civil False Claims Act (FCA) under… Continue Reading

False Claims Act Developments at Crowell & Moring’s 29th Annual Ounce of Prevention Seminar

Posted in False Claims
On May 15-16, 2013, Crowell & Moring is hosting its annual Ounce of Prevention Seminar (OOPS). This year’s program, entitled Weathering the Rough Seas of Regulation, will once again provide the government contract community with a comprehensive review of the latest developments in federal contracting. In the morning session on May 16, attorneys Andy Liu, Robert… Continue Reading

In False Claims Act Cases, Government Must Preserve Evidence Before It Intervenes

Posted in False Claims
A relator filing a qui tam complaint under the False Claims Act must file it under seal, see 31 U.S.C. 3739(b)(2), giving the government an opportunity to investigate the allegations.  While the initial sealing period lasts 60 days, the government routinely receives extensions, which means that FCA cases often stay under seal for months, if… Continue Reading

Whistleblower Finally Gets His “Bite at the Apple” in Alleging TAA Non-Compliance

Posted in False Claims
Professional whistleblower Brady Folliard’s most recent False Claims Act suit against technology vendors alleging violations of the Trade Agreements Act (“TAA”) has survived a motion to dismiss with respect to two defendants (GovPlace and Government Acquisitions, Inc.), but otherwise has been dismissed for the other six defendants (which include Hewlett Packard and GTSI Corporation). In… Continue Reading

How to Avoid False Claims Act Allegations: Have a Systematic Process to Identify TAA Non-Compliant Products

Posted in False Claims
Home Depot was sued in 2008 by two whistleblowers claiming that the company had violated the False Claims Act by selling products that did not comply with the Trade Agreements Act (“TAA”) to the U.S. government through its GSA Schedule contract. The United States has not intervened in the case. Home Depot recently moved for reconsideration of… Continue Reading

More Alleged TAA Violations by GSA Schedule Contractors

Posted in GSA Schedule/Commercial Items
The United States has intervened in yet another False Claims Act suit against GSA Schedule contractors alleging violations of the Trade Agreements Act. On November 24, 2010, the United States filed its Complaint in Intervention in U.S. ex rel. Navarro v. Divine Imaging, Inc. et al.  The complaint alleges that four different office supply companies… Continue Reading

Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act Liability Theory

Posted in False Claims
Did you hear that?  It was a collective sigh of relief from companies contracting with the federal government thanks to the U.S. Court of Appeals for the Fifth Circuit’s decision in United States ex rel. Steury v. Cardinal Health, Inc. In Steury, the Fifth Circuit found that a company that contracts with the government cannot… Continue Reading

Developments in Oracle GSA Schedule FCA Case

Posted in False Claims
As discussed in my blog post in June, the Department of Justice intervened in a False Claims Act case filed by a whistleblower against Oracle which alleged that the company had failed to accurately disclose its commercial pricing practices to the government in association with its GSA Schedule contract. DOJ has now filed its complaint (.pdf)… Continue Reading

Yet Another Fraud Case Against a GSA Schedule Contractor

Posted in False Claims
On June 16, 2010, the media reported that a False Claims Act case had been filed by a whistleblower against Oracle Corporation alleging that the company had failed to disclose deep discounts given to the most favored commercial customers. The Department of Justice has intervened and unsealed the relator’s complaint. The Government has not yet filed its complaint… Continue Reading

Recent Settlement in IT Kickback Suits: A New Clause for Justice?

Posted in False Claims
On May 25, 2010, the Justice Department announced an $87.5 million settlement with EMC  for alleged false claims associated with EMC’s GSA Schedule contract. The settlement comes out of a series of qui tam suits filed against IT companies and systems integration consultants by relators Norman Rille and Neal Roberts in the Eastern District of Arkansas… Continue Reading

Are Your Products TAA Compliant? If Not, Your Competitor Might Blow the Whistle on You.

Posted in False Claims
Almost five years ago, a number of large office products companies with GSA Schedule contracts settled allegations that they had submitted false claims when selling office products to the U.S. Government that were not compliant with the Trade Agreements Act (“TAA”). The allegations came not from a government audit or from employees of these companies, but… Continue Reading