Contractor Claims Forfeited Under Fraud Statutes
Client Alert | 1 min read | 08.06.14
The Federal Circuit in Veridyne Corp. (July 15, 2014) held that a contractor whose claims for payment were forfeited under the Special Plea in Fraud Statute (applicable when the contractor "knew that its submitted claims were false and . . . intended to defraud the government by submitting [its] claims") was not entitled to recovery even in quantum meruit for the value of work completed and accepted by the government. At the same time, the Federal Circuit upheld the imposition of False Claims Act penalties for each invoice submitted under a contract extension because the contractor's misleading proposal caused the extension to be "infected with fraud," and it upheld additional, CDA penalties for invoices found to be "unsupported."
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After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
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