News & Analysis as of

False Claims Act (FCA) Goods or Services

Troutman Pepper Locke

With New Tariffs, Recent Settlements May Foreshadow Future DOJ Enforcement

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The Trump administration’s implementation of tariffs on August 7, 2025, will have profound implications for companies engaged in international supply chains. These tariffs are poised to increase business costs, affecting a...more

Troutman Pepper Locke

Recent DOJ Intervention Highlights FCA Use Against Customs Fraud

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With the Trump administration’s new tariffs, some companies may be looking for ways to compensate for increased costs of imports. Companies operating in the international supply chain must be aware that any attempts to...more

Secretariat

Trump Tariffs Raise False Claims Act Risks as Customs Enforcement Increases

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During his 2024 presidential campaign, Donald Trump made tariffs a cornerstone of his foreign and domestic policy. With new 25% tariffs now imposed on Mexico and Canada, along with an additional 10% tariff on imports from...more

Ankura

Bona Fide Service Fees, Government Price Reporting, and the Inflation Reduction Act

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“Manufacturers are responsible for meeting all four parts of the definition of bona fide service fee before a fee can qualify as a bona fide service fee.” ...more

Quarles & Brady LLP

New Tariffs Mean New Targets of the False Claims Act

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The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given...more

Quarles & Brady LLP

Legal Marketing Tactics or an Illegal Kickback Scheme? The Seventh Circuit’s Impending Decision on the Expansiveness of the...

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On December 4, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in USA v. Mark Sorensen, case number 24-1557, and it is now taking under advisement a case that could have widespread effects as to what...more

Jones Day

Enhanced Sustainability Requirements for Federal Contractors

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On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more

PilieroMazza PLLC

[Webinar] Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors - January 4th, 2:00 pm - 3:15 pm EST

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In an era where digital threats are ever-evolving, ensuring the security of sensitive government data is paramount, especially for government contractors working on defense contracts. Join PilieroMazza’s Cy Alba and Daniel...more

Troutman Pepper Locke

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

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On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more

Stinson LLP

Check Your LED Lighting Supplies and Construction Materials or It Could Cost You

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Recently the Federal Trade Commission entered into a settlement under which Patriot LED must pay civil damages of nearly $158,000, plus a penalty of $2.96 million, for its alleged false marketing of lighting products as...more

Hogan Lovells

Aerospace & Defense Insights | Roadmap for False Claims Act enforcement in 2021

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The federal government’s recoveries from investigations and cases involving the False Claims Act (FCA) fell in fiscal year (FY) 2020 to US$2.2 billion from US$3.05 billion in FY2019. However, with an influx of approximately...more

Stinson - Government Contracting Matters

Two Kinds of False Claims, the Same Bad Outcome

Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find...more

Stinson - Government Contracting Matters

Federal Contractors’ Compliance Responsibilities Just Got Easier, or Did They?

On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National...more

Bass, Berry & Sims PLC

No Consensus on Materiality: Courts Continue to Grapple with Escobar’s Key Holdings

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Since the 2016 Supreme Court decision in Universal Services Inc. v. United States ex rel. Escobar, courts have wrestled with exactly how to apply the unanimous decision. This post highlights developments across the country in...more

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