Nkechi Kanu

Counsel

Overview

Nkechi is a counsel in Crowell's Government Contracts practice group, where she advises government contractors on internal and government investigations arising under the False Claims Act (FCA), with a particular focus on alleged noncompliance with cybersecurity requirements. Nkechi's FCA experience also includes procurement fraud, healthcare fraud, and defense industry fraud.

Additionally, she advises and advocates for government contractors and other clients in highly regulated environments in matters involving civil and administrative enforcement. This includes cases arising under federal grand juries, inspector generals, and other civil enforcement investigations and litigation. She also handles affirmative claims recovery matters, analyzing potential claims and changes, counseling clients, and representing government contractors, including subcontractors, in claims and dispute proceedings.

Furthermore, Nkechi regularly provides guidance to clients on the applicability and requirements of cybersecurity and information security provisions from defense and civilian agencies.

Nkechi has been recognized by Super Lawyers as a 'Rising Star' in government contracts.

Before joining Crowell & Moring, Nkechi was a junior associate at an AmLaw 50 firm in its Global Regulatory Enforcement group.

Career & Education

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    • University of California, Berkeley, B.A., legal studies, 2009
    • Georgetown University Law Center, J.D., 2014
    • University of California, Berkeley, B.A., legal studies, 2009
    • Georgetown University Law Center, J.D., 2014
    • District of Columbia
    • Virginia
    • District of Columbia
    • Virginia

Nkechi's Insights

Client Alert | 1 min read | 03.12.24

The Top FCA Developments of 2023

2023 brought many important False Claims Act developments for companies with business involving government funds.  While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year.  Those settlements and judgments also highlight areas of particular focus for the Government, including cybersecurity compliance, pandemic fraud, and small business fraud, among others.  Of particular note, 2023 saw the U.S. Supreme Court issue decisions concerning the Government’s authority to dismiss qui tam actions and the critical element of scienter/knowledge that will have wide-reaching impact.  The courts of appeals also issued significant decisions on damages, materiality, and more.  Crowell attorneys discuss these highlights and others in a "Feature Comment" published in The Government Contractor....

Representative Matters

  • Conducted large-scale internal investigation for government contractor involving mandatory disclosure and False Claim Act considerations relating to potential noncompliance with cybersecurity requirements.
  • Advised VA contractor on strategic response to a Civil Investigative Demand served on the organization in connection with a False Claims Act investigation, which resulted in favorable administrative resolution.
  • Successfully represented drug manufacturer in a qui tam False Claims Act lawsuit alleging fraudulent pharmaceutical testing methods. The case was dismissed at the pleading stage.
  • Led internal investigation and developed disclosure strategy relating to company's failure to perform required conformance testing for products listed on the government's Qualified Product List. Secured favorable resolution of matter with OIG.
  •  Successfully led the defense of a whistleblower OSHA investigation into one of the largest healthcare providers in the Midwest, which involved proceedings before the Solicitor General’s Office. OSHA concluded its investigation with no charges.
  • Managed response to federal criminal grand jury subpoena involving alleged violation of conflict of interest regulations and requirements, which resulted in the DOJ concluding investigation with no charges.
  • Lead counsel for Fortune 50 company with respect to half billion dollar commercial item program, counseling client on government changes and delays while responding to cure notice and threat of termination by customer agency. Negotiated successful settlement and recovery of tens of millions of dollars in changes, delays, and future work for contractor.
  • Represented foreign subcontractor in international arbitration against prime contractor in recovering on multiple damages claims arising from subcontracts providing services under the U.S. Army's LOGCAP contract in Iraq.
  • Advised clients on cloud service provider requirements under DFARS 252.204-7012 and DFARS 252.239-7010.
  • Engaged in longstanding partnerships with multiple defense contractors to devise compliance strategies for DFARS 252.204-7012, including routine gap assessments and subsequent remediation plans.

Nkechi's Insights

Client Alert | 1 min read | 03.12.24

The Top FCA Developments of 2023

2023 brought many important False Claims Act developments for companies with business involving government funds.  While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year.  Those settlements and judgments also highlight areas of particular focus for the Government, including cybersecurity compliance, pandemic fraud, and small business fraud, among others.  Of particular note, 2023 saw the U.S. Supreme Court issue decisions concerning the Government’s authority to dismiss qui tam actions and the critical element of scienter/knowledge that will have wide-reaching impact.  The courts of appeals also issued significant decisions on damages, materiality, and more.  Crowell attorneys discuss these highlights and others in a "Feature Comment" published in The Government Contractor....

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Nkechi's Insights

Client Alert | 1 min read | 03.12.24

The Top FCA Developments of 2023

2023 brought many important False Claims Act developments for companies with business involving government funds.  While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year.  Those settlements and judgments also highlight areas of particular focus for the Government, including cybersecurity compliance, pandemic fraud, and small business fraud, among others.  Of particular note, 2023 saw the U.S. Supreme Court issue decisions concerning the Government’s authority to dismiss qui tam actions and the critical element of scienter/knowledge that will have wide-reaching impact.  The courts of appeals also issued significant decisions on damages, materiality, and more.  Crowell attorneys discuss these highlights and others in a "Feature Comment" published in The Government Contractor....