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"Any Degree of Fraud" Bars Contractor Claims

Client Alert | less than 1 min read | 10.13.14

In Laguna Constr. Co. (Oct. 7), the ASBCA denied a $2.9 million claim for unpaid invoices because two of Laguna's employees had pled guilty to accepting subcontractor kickbacks under some, but not all, of the task orders under appeal. The Board imputed the fraud to the company and, applying the doctrine of "antecedent breach," held that the contractor's material breach excused the government's subsequent failure to pay for the completed and invoiced work.


Insights

Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....