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June 8 FAC Confirms FAR Changes

Client Alert | 1 min read | 06.09.05

FAC 2005-04, published on June 8, 2005 (70 Fed. Reg. 33654-33677), either adopts interim rules previously promulgated or makes relatively minor changes to existing rules concerning allowability of deferred compensation and post-retirement benefit costs, SDB and HUBZone evaluation preferences, Davis-Bacon Act application, telecommuting by federal contractors, incentives for performance-based contracting for services, and use of labor standards on construction contracts. The principal substantive changes in the FAC are the elimination of the commercial pricing exemption for noncommercial modifications to commercial items exceeding the greater of $500,000 or 5 percent of the total contract price (applicable only to contracts with DoD, NASA, or the Coast Guard) and complex changes to the rules concerning recognition of gains and losses and allowable rental costs in connection with sales and leaseback transactions that should be considered in planning such transactions.

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Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

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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