Contracting Officer's Final Decision Not Afforded RES Judicata Status
Client Alert | less than 1 min read | 05.10.04
In Roxco, Ltd. v. United States (Mar. 29, 2004), the COFC, among other things, rejected the Air Force's argument that Roxco's equitable adjustment claims, which were submitted more than a year after the Contracting Officer's default termination decision, should be barred through the application of res judicata, even if, as the Air Force asserted, those claims could have been raised as defenses to the default termination. The COFC reasoned that an extension of res judicata to contracting officers' final decisions would contradict the Contract Disputes Act's six-year statutory time limit for filing claims.
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On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so.
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