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Contractor's Report to OIG Insufficient to Trigger Public Disclosure Bar

March 27, 2014

In U.S. ex rel Saunders v. Unisys Corp. (E.D. Va.), the court found that the relator's FCA claim was not precluded by the public disclosure bar despite the defendant providing its internal investigation report to OIG because (1) the report failed to reveal allegations or transactions creating an inference of fraud (its conclusion that the alleged fraudulent billing practices were "unacceptable" was not enough) and (2) it was made available only to the DOD IG and the government agency overseeing the contract and not the general public.

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Brian Tully McLaughlin
Partner – Washington, D.C.
Phone: +1.202.624.2628