Can Violations of the Davis-Bacon Act Trigger Liability Under the False Claims Act?
Today’s post is about the Davis-Bacon Act and whether the failure to pay Davis-Bacon wages triggers liability under the federal False Claims Act. This is in response to a conversation I had recently with a fellow Virginia lawyer who asked me whether (and when) the Davis-Bacon Act could trigger FCA liability. She was rather…
Attorney General Ken Cuccinelli Dedicates Resources to the Fight Against Fraud
At long last, the Virginia Fraud Against Taxpayers Act is starting to get some media attention…Jim Nolan over the at Richmond Times Dispatch put together an excellent article this week about the Attorney General’s efforts to fight fraud. Stay tuned folks, more to come…
A Look at the Marine Habitat and Waterways Improvement Fund and the Virginia Fraud Against Taxpayers Act
One loyal reader recently pointed out that this blog might have unintentionally drifted from one of its stated goals–namely, to give practice examples of the myriad situations in which Virginia Fraud Against Taxpayers Act might be useful. Today’s example concerns the Marine Habitat and Waterways Improvement Fund, which was established in the year 2000…
News This Week: New York State Applies a New Model to False Claims Act Enforcement
This week WSJ reporter Carrick Mollenkamp authored a first-rate piece on New York Attorney General Eric Schneiderman and his leadership in state false claims act prosecutions. In particular, Schneiderman appears to be leading the pack of state Attorney Generals investigating and/or prosecuting large custodial banks like Bank of New York Mellon and State Street for…
The Federal Government Gets Serious About Collecting Overpayments
Regular readers will recall past blog posts about government overpayments. This week more attention was focused on this topic with the introduction of the 2011 Improper Payments Elimination and Recovery Improvement Act (S.1409). As incredible as it may seem to the uninitiated, government overpayments are commonplace in the healthcare and defense procurement worlds, among others. As…
Commonsense Steps State and Local Governments Can Take to Fight Fraud and Strengthen False Claims Act Enforcement, Part II—Funding a State Affirmative Civil Enforcement Unit
In an earlier post, I discussed a few basic common sense things that state and local governments can do to cut down on fraud. Among those suggestions was to have a state false claims act, and then to make sure that the state Attorney General has a special affirmative civil enforcement unit. For the most…