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Insurance Commission Split Is Kickback

Client Alert | 1 min read | 08.02.05

The Court of Federal Claims in Morse Diesel Int'l, Inc. v. U.S. (July 15, 2005) held that Morse Diesel, a construction management company whose parent had a commission-splitting arrangement with its performance bond brokers, violated the Anti-Kickback Act of 1986 because the payments from the brokers back to the parent were not, as the contractor argued, merely discounts, promotional allowances, or rebates, but rather were for the improper purpose of “cementing” the brokers’ exclusive relationship with Morse and its parent. Further, in an expansive reading of the term “prime contractor,” the court found that, even though Morse Diesel was the named prime contractor under several fixed-price contracts, its parent also was a prime contractor within the meaning of the act and the surety bond brokers were “subcontractors,” despite the facts that there was no direct relationship between Morse Diesel and the sureties and Morse Diesel did not receive directly any of the sureties’ payments.

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Client Alert | 4 min read | 09.20.24

Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation

The U.S. Department of Commerce unveiled a groundbreaking analytic risk assessment tool to inform the U.S. government’s efforts in mitigating supply chain risks. Launched at the inaugural Supply Chain Summit hosted by the Department of Commerce and the Council on Foreign Relations on September 10, 2024, the SCALE Tool marks a significant milestone in the U.S. government’s broader commitment to strengthening the U.S. supply chain ecosystem. ...