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Civil False Claims Act: the False Claims Act is amended for the first time in more than twenty years as the President signs the Fraud Enforcement and Recovery Act of 2009

Fried Frank Harris Shriver & Jacobson LLP
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USA
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May 21 2009

Last night, the Fraud Enforcement and Recovery Act of 2009 ("FERA") was signed into law by the President, marking only the second time in the history of the civil False Claims Act ("FCA") that all-embracing amendments have been made to this 1863 law

The Supreme Court hears argument on "presentment" requirement in the False Claims Act: justices' questioning probed statutory construction issues as well as unusual evidentiary posture of the case

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 26 2008

Today the Supreme Court heard oral argument in Allison Engine Co., Inc. v. United States ex rel. Sanders, No. 07-214

Civil False Claims Act: Fourth Circuit holds that a "false claim" requires an "objective falsehood," rejects falsity based on disputed legal question, requires allegations of materiality to satisfy Rule 9(b) and affirms arbitration of Section 3730(h) clai

Fried Frank Harris Shriver & Jacobson LLP
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USA
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May 20 2008

Last Friday, the Fourth Circuit Court of Appeals affirmed the dismissal of a qui tam case arising out of an Iraq "task order" contract alleging that the defendant fraudulently induced the Army to issue a task order for transportation services based on an allegedly false misrepresentation that it would comply with the task order's maintenance and safety requirements

False Claims Act: Supreme Court grants certiorari on presentment issue

Fried Frank Harris Shriver & Jacobson LLP
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USA
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October 29 2007

Today, the Supreme Court granted certiorari in Allison Engine Co., Inc. v. United States ex rel. Sanders, No. 07-214, agreeing to review a decision by the Sixth Circuit Court of Appeals in a qui tam case based on allegations of procurement fraud

Civil False Claims Act: district court holds that applying FERA amendment retroactively would be unconstitutional

Fried Frank Harris Shriver & Jacobson LLP
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USA
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October 29 2009

When the Fraud Enforcement and Recovery Act of 2009 ("FERA") was passed by Congress and signed into law on May 20, 2009, most of the amendments to the liability provisions of the False Claims Act ("FCA") were prospective only

False Claims Act

Fried Frank Harris Shriver & Jacobson LLP
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USA
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January 7 2008

The U.S. Department of Justice (DOJ) recently announced that, for fiscal year 2007, it recovered $2 billion in settlements and judgments in cases involving allegations of fraud against the Government

Civil False Claims Act: flexible Rule 9(b) standard recently applied by First and Fifth Circuits in FCA cases obviates need for legislative change

Fried Frank Harris Shriver & Jacobson LLP
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USA
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August 27 2009

A highly contentious topic in False Claims Act litigation is the application of the pleading standard in Rule 9(b) of the Federal Rules of Civil Procedure to qui tam complaints

Corruption risks for defense contractors in the new market environment

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 27 2012

In these times of budget austerity and acute market competition, corruption risks have received new attention, particularly at defense contractors

Civil False Claims Act: FAR amendment requires federal contractors to make mandatory disclosure if "credible evidence" of False Claims Act violations exists, but lacks clear standards for action

Fried Frank Harris Shriver & Jacobson LLP
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USA
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December 12 2008

Effective tomorrow, December 12, 2008, government contractors must implement a new mandatory disclosure requirement under the Federal Acquisition Regulation ("FAR") that is triggered whenever they have "credible evidence" of a False Claims Act violation

Justice Department brandishes rarely used weaponFIRREAin full-scale assault on S&P, and California joins the battle with separate state False Claims Act complaint

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 11 2013

The Justice Department's February 4, 2013 lawsuit against credit rating agency Standard & Poor's Ratings Services ("S&P"), a subsidiary of