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CFC Denies Fraud Counterclaims for Lack of Scienter

Client Alert | 1 min read | 05.08.13

In response to a contractor's CDA claim for the cancellation of two purchase orders for printed circuit cards when the contractor manufactured the parts itself rather than providing the parts from specified approved sources, the government in Ulysses, Inc. v. U.S. (Apr. 30, 2013), brought counterclaims for fraud under the False Claims Act, the fraud provision of the Contract Disputes Act, and the Forfeiture of Fraudulent Claims Act. The CFC denied them all, holding that the contractor did not act in reckless disregard of the truth or falsity of its claims because neither the RFQ nor the contractor's quotation leading to the purchase order specified a particular source and, therefore, its erroneous interpretation of the purchase orders "was not so implausible as to be frivolous" and because it had advised the government that it believed it was an approved source, "making this a classic case for application of the Government knowledge defense."


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Client Alert | 2 min read | 03.27.26

CMS Releases PY 2020 RADV Audit Methods and Instructions: Key Takeaways for Health Plans

On March 20, 2026, the Centers for Medicare and Medicaid Services (CMS) released new guidance outlining the agency’s audit methods and instructions for Medicare Advantage (MA) plans subject to upcoming risk adjustment data validation (RADV) audits for payment year (PY) 2020. In addition to providing necessary context for MA plans selected for auditing, this resource clarifies CMS’s methodological and procedural expectations. While the high-level takeaways are recapped below for convenience, we strongly recommend that MA organizations selected for PY 2020 audits closely review the guidance to understand what may be involved — or required — during the agency’s review....

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