Government Contracts Under the Microscope: Navigating Procurement Fraud and Mitigating Risk
Jaime Raich
Chief Counsel, Global Investigations
GE Aerospace
Former AUSA, Southern District of FL
Justin Chiarodo
Partner
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
Counsel
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