Report Highlights Problematic Katrina Contracting Practices
Client Alert | less than 1 min read | 02.28.06
The final report of The House Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina (http://katrina.house.gov/) criticizes all levels of government for using problematic contracting practices, such as orally changing the scope of work in the middle of an engagement and awarding most contracts on a sole-source basis or pursuant to limited competition. Among other proposed reforms, the Committee recommends that the Government enter into contracts in advance of each hurricane season to avoid the chaos and potential for fraud and abuse associated with contracting under intense pressure.
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ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is.
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