Implied Fraud Theory Thrives In DC Courts Despite KBR Win

Law360, New York (December 10, 2012, 4:43 PM EST) -- While the U.S. government's November withdrawal of a $100 million False Claims Act case against KBR Inc. is a win for the contractor, attorneys say the case is further evidence of the D.C. federal courts' embrace of an aggressive damages theory that threatens to turn routine contract claims into fraud cases.

The U.S. had pursued a theory of implied certification when arguing that KBR fraudulently billed the government for $100 million in allegedly improper charges for private security costs under KBR's open-ended Logistics Civil Augmentation Program...
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