Published by the Law Offices of Fluet Huber + Hoang

Tagged: False Claims Act

Daily Dump: 1 February 2013

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By on Feb 1st, 2013

Here is today’s Daily Dump:

– The House Small Business Committee has developed a web site, Small Biz Reg Watch, which highlights proposed regulations affecting businesses and includes links that allow you to provide comments to federal agencies about these proposed rules. [The Business Journals].

– Click here to read Part 1 of an article which discusses trends in False Claims Act enforcement. [Crowell & Moring].

– Former Blackwater security guards, who were charged with manslaughter in 2008 for their alleged roles in a shooting in Iraq that left more than a dozen civilians dead, are not out of the woods yet as the U.S. Court of Appeals for the D.C. Circuit have revived the controversial prosecution which collapsed in 2009. [The BLT].

– This Blog outlines 10 ways to maximize your chance of success in government contract claims. [GovCon].

– Read Stan Hinton’s informative Blog for the latest developments in government contracting. [Stan Hinton].

  • The United States Government Accountability Office (GAO) sustained a protest by Mission Essential Personnel because it found that (i) the agency had failed to alert the protester to two weaknesses in its proposal that eventually led to its rejection, and (ii) the agency’s method of evaluating “fill rates” was not in accordance with the evaluation scheme.

Daily Dump: 13 December 2012

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By on Dec 13th, 2012

Here is today’s Daily Dump:

– The First Circuit in New York was told by Boston Scientific Corp. that the False Claims Act’s (FCA) first-to-file rule precludes a suit alleging it directed a kickback scheme to promote its heart device because an earlier suit filed by a former employee made similar claims. [Law 360].

– Read here how the China Nuclear Industry Huaxing Construction Co., Ltd. pled guilty to conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Export Administration Regulations (EAR).  [BISdoc.gov].

– Uncertainty over the future of the federal budget is already causing an increase in disputes between the government and its contractors even though sequestration might never happen. [Politico].

– This Blog discusses the important role groups such as the Program on Government Oversight (POGO) play as fraud and other improper activities in government contracts, grants, or other programs reportedly costs taxpayers millions, if not billions, of dollars each year. [Brown Rudnick].

– The Research and Development (R&D) tax credit is one of the most underutilized tax credits available for small business owners but could help them get through the “fiscal cliff”. [The Washington Post].

Daily Dump: 30 November 2012

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By on Nov 30th, 2012

Here is today’s Daily Dump:

– This article discusses how a former employee of Paragon Dynamics, a defense contractor, has agreed to pay $60,000 for violating the Procurement Integrity Act.  [LoanSafe.org].

– Marstel-Day, an environmental consulting firm, announced that it and its “joint venture” partner, LRS Federal, have been awarded an Indefinite Delivery/Indefinite Quantity (IDIQ) contract by the Veterans Administration. [Virtual-Strategy].

– Read here the vision for what an end to the war on terrorism would actually look like according to one of Obama‘s top defense officials. [Wired Danger Room].

– The Sixth Circuit has held that a 2009 amendment Congress made to the liability provisions of the False Claims Act (“FCA”) applies retroactively to civil FCA cases pending as of June 7, 2008. [GovCon].

– Read Stan Hinton’s informative Blog for the latest developments in government contracting. [Stan Hinton].

  • In Kingdomware Technologies Inc. the Court of Federal Claims disagreed with the General Accountability Office’s (GAO) interpretation of the Veterans Benefits, Health Care, and Information Technology Act of 2006 in previous cases and found that the Department of Veterans Affairs’ (VA) decision not to set aside the Emergency Notification Service (ENS) contract was not arbitrary, capricious, or contrary to law.

Daily Dump: 26 November 2012

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By on Nov 26th, 2012

Here is today’s Daily Dump:

– Alan Gross and his wife claim that the United States and its contractor have left Gross to rot in a Cuban prison after failing to warn him that his U.S.-sponsored mission to distribute Internet equipment in Cuba is illegal. [Courthouse News Service].

– Top five takeaways on the recently issued Resource Guide to the U.S. Foreign Corrupt Practices Act (FCPA) for companies facing the daily challenge of FCPA compliance. [Crowell & Moring].

– The Department of Justice’s intervention in a False Claims Act (FCA) lawsuit against a Texas-based contractor involving FAR lobbying restrictions is an indication that the Government is on the lookout for false and improper contractor certifications. [SmallGovCon].

– According to this article independent retailers and small businesses are missing a golden opportunity to outsmart their larger competitors. [Forbes].

– Read Stan Hinton’s informative Blog for the latest developments in government contracting. [Stan Hinton].

  • The Court of Appeals for the Federal Circuit affirmed a prior set of Civilian Board of Contract Appeals’ (CBCA) decisions regarding the allowability of defense costs in the case of Chu v. The Boeing Co.

Daily Dump: 21 November 2012

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By on Nov 21st, 2012

Here is today’s Daily Dump:

– This Blog discusses a new anti-counterfeiting requirement from the U.S. Defense Logistics Agency (DLA), which  is getting negative responses from semiconductor manufacturers, who think that it is not an appropriate cure for electronics counterfeiting and that it will increase semiconductor manufacturing costs. [Military & Aerospace Electronics].

– BP and the United States have announced an agreement to resolve all federal criminal charges against BP but many people feel it is not enough.  [AmericaBlog].

–  Read here how the Office of Foreign Assets Control (OFAC) has made further progress in finalizing the economic sanctions against Burma by issuing General License 18, which authorizes most imports from Burma. [ExportLawBlog].

– This article discusses a recent case from the District of Massachusetts, which illustrates how the False Claims Act may be stretched to cover companies that do not even submit claims to the government. [Crowell & Moring].

– Read Stan Hinton’s informative Blog for the latest developments in government contracting. [Stan Hinton].

  • The Court of Federal Claims rejected a number of claims by Science Applications International Corp. (SAIC) as the court concluded that all the evaluations were within the discretion of the agency and had a rational basis in the record.

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