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USPS Auction Crash Lands

Client Alert | less than 1 min read | 11.01.05

The Court of Federal Claims in Asia Pacific Airlines v. U.S. (Oct. 14, 2005) grounded USPS when it indicated to bidders that varying flight schedules for mail transport would be permissible and then disqualified the low bidder on two lanes after two rounds of internet auction for failing to conform to the suggested tender times. The court enjoined not only the awards for those two lanes, but for several others that the airline said it would have bid on if it had known the true ground rules.

Insights

Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....