Government Contracts Under the Microscope: Navigating Procurement Fraud and Mitigating Risk

January 23, 2024 4:00pm

Jaime Raich
Chief Counsel, Global Investigations
GE Aerospace
Former AUSA, Southern District of FL

Justin Chiarodo
Blank Rome LLP

Michael Gill
Assistant General Counsel & Director of Investigations
Huntington Ingalls Industries, Inc.
Former Criminal Chief, USAO, Eastern District of VA

Nkechi A. Kanu
Crowell & Moring LLP

In July 2023, the U.S. Department of Justice recovered $377 million dollars in one of the largest procurement fraud settlements in history. In today’s ever-evolving landscape of government contracting, ensuring transparency, accountability, and integrity is paramount. Topics of discussion include:

  • Revisiting strategies for calculating statutory penalties and actual damages following the Ninth Circuit’s clarifications in U.S. ex rel. Hendrix v. J-M Manufacturing Co.,
  • Analyzing the nexus between costs charged to a government contract and the objective of the contract to avoid allegations of overcharging or misallocation of resources
  • Applying theories of damages relating to subpar goods or services, and defenses against them
  • Assessing theories to hold the prime contractor liable for a failure to oversee a subcontractor, and ensuring compliance and avoiding false certification throughout the supply chain and/or procurement processes
  • Understanding admissions of factual liability and explicit rejections of legal liability in the Settlement Agreement