False Statement Liability Involving Federal Grantees Curtailed Again
Client Alert | 1 min read | 10.01.04
Musing that, if 18 U.S.C. 1001 were interpreted to prohibit any false statements to any private entity whose funds in part originated with the federal government, a person who lied about his address to get a local library card could be a federal felon, a divided 11th Circuit panel in U.S. v. Blankenship (Aug. 26, 2004) overturned the criminal convictions of the principal of a Disadvantaged Business Enterprise (DBE) under 18 U.S.C. 1001 because the sham contracts are false certified payroll records that were used to obtain payment under a federally-funded state highway project were not statements made to federal agencies. The Eleventh Circuit's analysis, together with the D.C. Circuit's civil False Claims Act decision in U.S. ex rel. Totten v. Bombardier Corp. (see C&M Bullet Point, Sept. 16) represents a significant cutback of federal authority to sanction contractors doing business with federal grantees.
Insights
Client Alert | 8 min read | 10.01.25
On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes.
Client Alert | 2 min read | 09.30.25
CARB Issues Preliminary List of Entities Covered by California Climate Disclosure Laws
Client Alert | 10 min read | 09.30.25
Client Alert | 7 min read | 09.29.25
White House Seeks Industry Input on Laws and Rules that Hinder AI Development
