January 16, 2018 - False Claims Act

MoFo Partner Brad Wine Quoted in Bloomberg Federal Contracts Report on FCA Trends

FCABrad Wine, co-chair of Morrison & Foerster’s Government Contracts practice, was quoted in the Bloomberg Government Federal Contracts Report article, “Trump’s Justice Department Kept Pace on False Claims in 2017.” The article discusses False Claims Act (FCA) activity overall under the Trump administration. Brad offered his prediction for future actions, saying ‘‘We continue to anticipate robust FCA enforcement efforts by the federal government across a full range of federal programs.”

Brad also commented on the increase in Defense Department false claims matters, stating “As the Trump administration continues to focus on increased spending generally, and defense spending in particular, we can expect continued increased enforcement in federal programs for FY ’18 and beyond.” As for the drop in mortgage fraud-related recoveries, Brad says this ‘‘appears consistent with the fact that cases arising from the sub-prime mortgage lending crisis are likely tailing off.’’

Lastly, as the Obama-era Yates memo is currently under review, Brad posits that “until the Justice Department provides more formal guidance on the matter, contractors have to remain mindful of identifying responsible individuals when making disclosures and investigating potential FCA exposure.”

Click here to read the full Bloomberg Government Federal Contracts Report, reprinted with permission.