5th Circ. Revives Kickback Claims Against KBR

Law360, New York (July 22, 2013, 9:05 PM EDT) -- The Fifth Circuit ruled Friday that the federal government can recover enhanced civil penalties from KBR Inc. under the Anti-Kickback Act, saying the company could be liable for kickbacks its employees allegedly took in connection with U.S. military subcontracts in the Middle East.

A three-judge panel said that a Texas federal judge who dismissed AKA claims against KBR misinterpreted Congress' intent when she found the government could only recover a smaller civil penalty in the amount of the kickback from any “person” whose employee, subcontractor or...
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