In this issue:
- A former Contracting Officer's (CO) expert testimony may be used as part of a defense to fraudulent overbilling charges in connection with a government contract; however, the CO may not testify to ultimate issue in the case—whether the defendant actually worked the hours claimed.
- The government cannot setoff any portion of a relator's False Claims Act (FCA) settlement award to satisfy judgement against the relator in an unrelated tax enforcement action, because the FCA claim is aligned with the government's interests rather than adverse.
- An accounting firm's knowledge of contracts governing the relationship between a management company and a critical access hospital does not establish scienter under the FCA.
- An FCA claim can proceed against a defendant drug manufacturer where the complaint alleges specific examples of advertisements advocating for off-label uses. Claims under the Anti-Kickback Statute and Beneficiary Inducement Statute can also proceed with allegations of specific violations.
United States v. Jacky Lynn McComber, No. ELH-21-36, 2022 WL 16775930 (D. Md. Nov. 7, 2022)
Industry: Information Technology
Topics: Government Contracting, Inflated Timesheets, FRE 702/Daubert
Summary: Recently, the District Court of Maryland issued a decision establishing the parameters of the expert testimony a contracting officer (CO) can provide in a criminal FCA case involving allegations of fraudulent overbilling.
In 2021, Jacky Lynn McComber (Defendant), the...
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