Disclosing Fraud by Principals
Client Alert | 1 min read | 03.17.16
In ALGESE 2 s.c.a.r.l. v. U.S. (Mar. 14, 2016), the Court of Federal Claims provided guidance on the terms “principal” and “criminally . . . charged” in the FAR responsibility certification when it enjoined the Navy from proceeding with an award to a company because the Navy should have found it non-responsible upon learning of the corruption and fraud of its parent corporation during a protest of a parallel contract before the GAO. Examining the structure of the company’s family of corporations and conduct, the CFC highlighted that essentially none of the related entities disclosed the many criminal investigations, charges, and convictions in SAM and FAPIIS because the family had “created a new subsidiary in which to dump its criminal liability problems."
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Insights
Client Alert | 4 min read | 04.07.25
On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding
that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split
over whether the RICO statute precludes relief for losses stemming from a personal injury.
Client Alert | 3 min read | 04.04.25
GAO Finds Authority to Use Noncompetitive Procedures Is Not Carte Blanche
Client Alert | 12 min read | 04.03.25
CMS Issues Marketplace Integrity and Affordability Proposed Rule
Client Alert | less than 1 min read | 04.03.25
