On 11 May 2023, GCI Communications Corp. (GCI) agreed to pay more than USD 40 million to the US government to settle allegations that it submitted false claims to the Federal Communications Commission (FCC) by knowingly inflating its prices in a competitive bidding program regulated by the FCC. The investigation began when a former GCI employee, Robert Taylor, filed a qui tam action against the company under the False Claims Act (FCA) after it allegedly falsely claimed and received funds from the FCC’s Rural Health Care Program. This settlement signals the DOJ’s intent to partner with other government agencies, in this case the FCC, in using the False Claims Act to combat fraud by organizations that service health care providers. It is also one of the DOJ’s largest settlements of allegations under the FCA in 2023.

On 15 September 2022, Deputy Attorney General Lisa Monaco issued a memorandum to Department of Justice prosecutors entitled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”. As has become common in recent years (with a brief intermission under Deputy Attorney General Rod Rosenstein who objected to the practice), such memoranda and other Department pronouncements have come to herald key developments in DOJ policy on corporate criminal enforcement and related practice. These memoranda are therefore closely watched by the defense bar and corporate counsel alike.

Baker McKenzie’s Government Procurement Update resource center gives you the latest guidance, trends and enforcement actions related to government procurement (both US government contracting and international financing institutions), including suspension and debarment, bid protests, and False Claims Act defense. Calling upon our deep bench of more than 4,000 lawyers and legal professionals worldwide, we will occasionally feature guest practitioners to write about related topics in the criminal, civil, and administrative context. Readers can expect to find practical guidance and tips for compliance with public procurement policies as well as best practices for managing government inquiries and litigation.

On 8 July 2022, the Department of Justice announced a settlement of cybersecurity fraud charges against Aerojet Rocketdyne Inc. (Aerojet) following an action under the False Claims Act. Aerojet agreed to pay USD 9 million to the US government to settle allegations that it misrepresented its compliance with cybersecurity requirements when entering into federal government contracts with NASA and the Department of Defense.

In this panel discussion with Tiffany McConnell King (Corporate Director and Division Counsel, Global Sustainment and Modernization, Northrop Grumman Corporation) and Kirk Foster (Assistant General Counsel and Director of Compliance and Privacy, HII Mission Technologies), Marilyn Batonga (Partner, Baker, McKenzie) and Maurice Bellan (Partner, Baker McKenzie), we uncover the latest trends and analyze enforcement actions related to international government procurement, focusing on risks based on conduct abroad as well as False Claims Act risks.

Baker McKenzie is pleased to launch the fifth in their Biden Supply Chain Policy video series focused on the pharmaceuticals and active pharmaceutical ingredients supply chain, which is another of the critical supply chains that has been a particular focus of the Biden Administration. The Biden Administration has been pursuing policies aimed at increasing resilience in this supply chain by addressing shortages and minimizing disruption through a range of measures, including efforts to on-shore and near-shore production to reduce reliance on foreign countries.

In Baker McKenzie’s Government Procurement Update, you will find the latest guidance, trends and enforcement actions related to government procurement (both U.S. government contracting and International Financing Institutions), including suspension and debarment, bid protests, and False Claims Act defense. Calling upon our deep bench of 4000+ lawyers and legal professionals worldwide, we will occasionally invite guest practitioners to write about related topics in the criminal, civil, and administrative context. Readers can expect to find practical guidance and tips for compliance with public procurement policies as well as best practices for managing government inquiries and litigation.

Welcome to Baker McKenzie’s Suspension & Debarment Corner. Here you will find the latest information, trends and enforcement actions related to government procurement, including suspension and debarment, bid protests, False Claims Act defense and related topics. Calling upon our deep bench of 4000+ lawyers and legal professionals worldwide, we will occasionally call upon guest practitioners to  write about related topics including white collar criminal convictions or civil judgments relating to fraud, antitrust violations, theft, bribery, and tax evasion. Readers can expect to find practical guidance and tips for compliance with public procurement policies as well as best practices for managing allegations of misconduct.

Last week, the US Supreme Court rejected two petitions, Care Alternatives v. United States, 2021 U.S. LEXIS 915 (Feb. 22, 2021) and RollinsNelson LTC Corp. v. United States ex. rel. Winters, 2021 U.S. LEXIS 1045 (Feb. 22, 2021) that could have helped resolve a circuit split involving the US. False Claims Act, 31 U.S.C. §§ 3729 – 3733 (“FCA” or “Act”). The petitions sought to determine whether the FCA requires evidence of “objective falsity” in order to establish a violation of the Act.

READ REPORT IN ENGLISH READ REPORT IN SPANISH READ REPORT IN MANDARIN The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation volumes in…