The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud Initiative was launched in 2021. Its complaint accuses the Georgia Institute of Technology (Georgia Tech) of violating cybersecurity regulations while fulfilling $31 million of

In the latest example of the Roberts court reining in the government’s use of broadly worded criminal statutes, on June 26, 2024, the Supreme Court ruled in United States v. Snyder that the federal bribery statute does not extend to after-the-fact gifts and gratuities. The Court held that 18 U.S.C. § 666 requires a corrupt

On Friday, July 21, 2023, DOJ announced it has reached a $377,453,150 settlement with Booz Allen Hamilton Holding Corporation (Booz Allen), the parent company of Booz Allen Hamilton, Inc., the large government and military contractor that also has commercial and international customers. DOJ alleged that Booz Allen violated the False Claims Act by “improperly billing

In what may lead to the biggest FCA opinion in recent history, the U.S. Supreme Court earlier this month agreed to consider two cases addressing the necessary state of mind (i.e., “scienter”) to violate the FCA.

Background

The FCA prohibits defendants from knowingly submitting false claims. That scienter standard is broader than just actual knowledge.