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Knowingly False Certification of Davis-Bacon Act Compliance Results in Treble Damages

Client Alert | 1 min read | 09.02.14

In U.S. ex rel. Wall v. Circle C Constr., LLC (Aug. 22, 2014), the district court was tasked with calculating damages after the prime contractor was found liable under the False Claims Act for falsely certifying that its subcontractor for electrical work on construction contract had paid proper wages under the Davis-Bacon Act. The district court held that (1) the proper measure of single damages is the amount the government paid the defendant for electrical work performed by the subcontractor, and not simply the amount of the underpayments to the subcontractor’s workers; (2) because the Army contract did not break out pricing for the electrical work, it is acceptable for the court to rely on an expert witness who estimated the amount paid to the defendant for the electrical work by consulting RS Means, a data compendium of construction costs used to generate construction project estimates; and (3) although not expressly addressed, there is no offset from the trebled damages for the value of the electrical services actually provided to the government.

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Client Alert | 3 min read | 03.12.26

DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy

On March 10, 2026, the Department of Justice released the first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP” or “Policy”), which applies to all non-antitrust corporate criminal cases across the Department. The new policy has been anticipated since December 2025, when Deputy Attorney General Todd Blanche announced the Department’s plans to release a new, single corporate enforcement policy for all criminal matters. According to the Department, the new policy is designed to “help ensure consistency across the Department” and “transparently describe the Department’s policies and decisionmaking.”...