Defense Sector False Claims Act

Government Contracts

Experience

  • We obtain favorable pre-trial settlements of cases with significant FCA exposure:

    • Negotiated a global settlement of all FCA claims and other civil liability for a major aerospace company in connection with multiple criminal and civil investigations arising from allegations of conflicts of interest and the use of competitor proprietary information.
    • Successfully resolved, for a nominal sum and without any admission of liability, a qui tam action brought by a former employee who alleged that a defense contractor had misrepresented the quality of certain circuit boards supplied to the US military.
    • Represented a government contractor in an FCA case alleging that the company failed to supply the General Services Administration with office products from permissible countries under the Buy American Act and Trade Agreements Act.
    • Obtained early dismissal for a defense contractor in qui tam litigation alleging misrepresentation of costs in connection with a major Navy weapons program, following the government’s assertion of the State Secrets privilege.
    • Secured the dismissal on favorable terms of a qui tam FCA suit brought against a defense contractor and the company’s former CEO arising from the sale of allegedly defective products to the US Air Force.
    • Obtained early dismissal for a non-bank small business loan lender in an FCA civil action based on allegations of false certifications in connection with a Small Business Administration loan program.
    • Assisted an international construction company with the resolution of false claims act allegations regarding the source and origin of construction materials on a government-financed construction project in the Middle East.
    • Won a dismissal of an FCA suit against a defense contractor client on the basis of the FCA’s public disclosure bar.
  • We successfully tried to verdict a major qui tam action involving alleged bid-rigging of construction contracts. In the course of the case, which lasted more than a decade and involved a seven-week jury trial, we briefed and argued dozens of legal issues that arise in FCA litigation.
  • We resolve the contractor responsibility matters often associated with FCA cases:

    • Secured a decision to terminate debarment proceedings on behalf of an Air Force contractor, without an administrative agreement or any adverse action; settled asserted civil fraud claim without admission of liability or payment of multiple damages or penalties; and resolved related contract dispute with no-cost termination for convenience.
    • Resolved on favorable terms an investigation and related debarment proceeding of a medical device manufacturer by the Defense Criminal Investigative Service and a US Attorney’s Office arising from the sale of allegedly defective medical devices to the US Army.