By Andrea L. Moseley As expected, fraud relating to the present COVID-19 pandemic is being prosecuted for the first time. These crimes of opportunity were predictable and the Department of Justice has come to the table, loaded for bear. Now, our white collar defense...
Fighting Back Against OIG Investigations (But Losing)
By: Sara Kropf Office of Inspector General—or OIG—investigations can have wide reaching consequences. I’ve written before about the lack of procedural fairness surrounding these investigations. Now, you might think that OIG investigations affect only federal agency...
Fifth Circuit Takes a Goldilocks Approach to False Claims Act Standard for Imputing Knowledge to Corporation
By: Sara Kropf The Department of Justice is always busy prosecuting fraud related to government contracts. The two obvious reasons why this is a DOJ priority are (1) a lot of public money is spent through government contracts, and (2) the size and complexity of the...
Another Big Win in the White Collar World (This Time in the EDVA, of All Places)
By: Sara Kropf After I wrote my last post, I was reminded about another big win that I should have mentioned before. Greg Poe, Preston Burton and Rachel Li Wai Suen won a complete acquittal for former high-ranking army officer Edwin Livingston. Here's a short summary...
Fifth Circuit Slaps Down District Court’s Loss Calculation in Contracting Fraud Case
By: Sara Kropf The government knows—and exploits the fact—that loss amount is the driver of white collar sentences. In criminal contracting fraud cases, the government has taken the position that the relevant loss is the entire amount of the contract that was...
An Appeals Court Finally Takes a Practical Approach to Sentencing in Government Contracting Case (and an Interesting 4th Amendment Issue)
Loss calculation drives sentencing decisions in many white-collar cases. The higher the loss amount, the longer the sentence.Courts usually take an expansive view of what counts as a “loss” for sentencing. In a recent Third Circuit case, however, the court rejected...
Great Decision on Loss Amount Calculation in Government Contracting Fraud Case
The calculation of loss amount drives sentencing decisions in many white collar cases. The higher the loss amount, the longer the sentence. Courts always seem to take an expansive view of what counts as a “loss” for sentencing. In a recent Third Circuit case, however,...
The Danger of Opening the Door: Federal Judge Rules that KBR Corporation Must Turn Over Privileged Documents in False Claims Act Case
By: Sara Kropf Every trial lawyer has a few tried-and-truisms to use in the courtroom. For the admissibility of evidence: That goes to weight, not admissibility. For expert witnesses: The testimony would be helpful to the jury. And for relevance: They opened the door....
Where Are They Now? An Update on Past Posts
By: Sara Kropf Every few weeks, I review the press releases for the U.S. Attorneys' Offices across the country. In the blur of stories about drug busts and indictments for low-level health care fraud, sometimes a name sounds familiar. No, not because it’s a friend. Or...
The Largest DBE Contracting Fraud. Yes, Ever.
By: Sara Kropf Government contracting fraud has been a hot area for the Department of Justice these last few years. And who can blame it? It’s a huge amount of money being handed out by many agencies, sometimes with less oversight than is appropriate. There’s even a...