The Department of Justice (DOJ), via messaging from its leadership, has made clear it will prioritize and pursue aggressive civil False Claims Act (FCA) enforcement against companies that receive federal dollars. As the government’s primary civil remedy to redress fraud against the government, the FCA generates billions of dollars in annual DOJ settlements and judgments with the majority initiated by whistleblower qui tam lawsuits. Here are 5 things companies receiving federal money can do to mitigate risks of exposure to FCA liability:
Review and revise corporate compliance and ethics programs with a focus on current and emerging risk factors, accompanied with regular, updated training, and policies and procedures for employees to both avoid common missteps and to report potential wrongdoing via a hotline.
An effective internal investigation conducted by counsel under privilege can go a long way to managing risks to the company when initial wrongdoing is reported. In certain instances, the wrongdoing initially reported may differ greatly from the reporter’s impression and actually not be an issue at all. Every credible allegation, however, should be investigated by experienced counsel to make that determination. When misconduct is identified, companies should assess with counsel whether a disclosure to law enforcement and/or procuring agencies...
MANILA, Philippines — National Maritime Council (NMC) chief Alexander Lopez does not see the need to repeatedly rebut the several claims of Beijing’s embassy in Manila. Chinese Embassy Deputy Spok...