DOJ Focuses FCA Priorities On Small Business Contracts

By Cormac Connor, Jonathan Shaffer and Iris Bennett (August 10, 2018, 12:46 PM EDT) -- In a June 2018 speech, Acting Associate Attorney General Jesse Panuccio discussed False Claims Act enforcement priorities for the U.S. Department of Justice. Among them, the DOJ is focusing on investigations involving suspected misrepresentations related to eligibility for small business contracts. Combined with legislation that has dramatically increased penalties related to these types of misrepresentations, the DOJ's enforcement priorities present heightened risks for small business contractors and for larger businesses that work with them. Indeed, it appears that the DOJ has acted on its priorities, having opened FCA-based investigations in various areas where small businesses had been given preferences related to federal contracts....

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