by Richard D. Lieberman, Consultant | Aug 24, 2021 | False Claims Act
What does it take to divest a Contracting Officer (“CO”) of his/her authority to decide or resolve claims? In a recent case at the Civilian Board of Contract Appeals (“CBCA”), the Board held that a mere suspicion of fraud was insufficient to defeat a finding of board...
by Richard D. Lieberman, Consultant | Aug 20, 2019 | False Claims Act
The DOJ on May 7, 2019 issued new policy via the DOJ Manual pertaining to how it will award credit to defendants who cooperate during a False Claims Act (“FCA”) investigation. The new guidance stresses that credit that will be provided when entities or individuals...
by Richard D. Lieberman, Consultant | May 8, 2018 | False Claims Act
Two new Department of Justice (“DOJ”) Memoranda could have a potential impact on Civil False Act Claims cases, as well as other civil enforcement cases. The two memos are: Memorandum from Michael D. Granston, Director, Commercial Litigation Branch, Fraud Section,...
by Richard D. Lieberman, Consultant | Jul 13, 2016 | False Claims Act, Government-Wide Topics
In mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or other payment request as an implied certification of compliance with relevant statutes, regulations or contract requirements that...
