The Department of Justice (DOJ) continues to sharpen its focus on trade-related corporate misconduct. In an October 1 memorandum, Assistant Attorney General Colin M. McDonald directed prosecutors in DOJ’s National Fraud Enforcement Division to prioritize corporate fraud investigations involving, among other areas, “tariff evasion, importation of goods or services, or forced labor.” … Continue Reading DOJ Corporate Enforcement Directive Puts Tariff, Trade Compliance in the Crosshairs

In my recent interview with Federal News Network, I discussed the Department of Justice’s increasing use of the False Claims Act (FCA) to pursue allegations related to employment practices at federal contractors and what recent enforcement activity means for organizations that receive federal contract and grant funding. We explored recent settlements involving major government contractors and the broader implications for compliance and risk management.

Continue Reading False Claims Act Enforcement and Employment Practices: What Federal Contractors Need to Know

The Department of War’s (DOW) Defense Innovation Unit (DIU) recently launched a new pilot program designed to address one of the longstanding barriers facing commercial companies seeking to enter the classified defense market: obtaining a facility security clearance before they have a specific classified contract to perform.…

Continue Reading New DIU Program Creates Pathway for Nontraditional Contractors to Obtain Facility Clearances

In a September 25 decision, the D.C. Circuit concluded that FRA reasonably determined that the required high-speed trains were not domestically available and that the agency adequately explained why a limited waiver was appropriate. The decision resolves, at least for now, a challenge to the waiver brought by competing train manufacturer Alstom Transportation Inc. … Continue Reading D.C. Circuit Upholds FRA Buy America Waiver for Brightline West High-Speed Rail Project

On September 9, the U.S. Department of the Treasury announced that the Financial Crimes Enforcement Network (FinCEN) had identified approximately $17.5 billion in suspicious financial activity potentially connected to healthcare fraud. Part of the Treasury Department, FinCEN has primary responsibility for administering and enforcing U.S. anti-money laundering laws such as the Bank Secrecy Act (BSA).
Continue Reading FinCEN Identifies $17.5 Billion in Suspected Healthcare Fraud, Reinforces Prior Warning to Financial Institutions

The Government Accountability Office (GAO) recently sustained a bid protest challenging an agency’s decision to credit an awardee with the experience and past performance of an affiliated company. In Battelle Memorial Institute, B-424575, B-424575.2 (Sept. 10, 2026), GAO concluded that the National Science Foundation (NSF) improperly credited KBR Services, LLC (KBR) with two contracts performed by an affiliate because KBR’s proposal did not adequately explain what resources or services the affiliate would actually contribute to performance of the new contract.…

Continue Reading Bid Protest Minute: Corporate Affiliation Is Not Enough! GAO Clarifies When Offerors May Rely on Affiliate Experience

On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race- and sex-based goals, quotas, and preferences. The settlement comes amid increased federal enforcement involving similar practices, including recent FCA settlements involving federal contractors Accenture, Deloitte, and IBM.… Continue Reading Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs

The Department of Justice (DOJ) continues to use the False Claims Act (FCA) to pursue government contractors for alleged failures to comply with contractual cybersecurity requirements. On September 1, DOJ announced that Honeywell Aerospace Inc. agreed to pay $2,042,518 to resolve allegations that a Honeywell business unit failed to comply with required cybersecurity controls under a Department of War (DoW) contract. The settlement is the latest example of DOJ treating cybersecurity compliance as more than an information technology issue. For federal contractors, deficiencies in required cybersecurity controls can also create significant FCA exposure.…

Continue Reading DOJ’s $2 Million Honeywell Settlement Under the Civil Cyber-Fraud Initiative: What Compliance Failures Mean for Defense Contractors

Federal contractors are heading into October with significantly different cost accounting rules, while defense contractors are also facing renewed pressure to provide the government with greater visibility into their costs and pricing.

On September 1, the Cost Accounting Standards (CAS) Board issued two final rules, both effective October 1, that substantially reduce the reach of CAS. Most notably, the Board increased the basic CAS applicability threshold from $2.5 million to $35 million and doubled the thresholds for full CAS coverage and Disclosure Statements from $50 million to $100 million. In a separate rule, the Board eliminated CAS 407, which governs the use of standard costs for direct material and direct labor, after concluding that Generally Accepted Accounting Principles (GAAP) and other CAS requirements adequately address most of the same issues.
Continue Reading CAS Board Raises Contract Thresholds to $35 Million and Eliminates CAS 407: What Federal Contractors Need to Know as DoW Demands Cost and Pricing Transparency

On September 14, the U.S. Department of Justice (DOJ) announced that Accenture Federal Services (AFS), Accenture plc, and Accenture LLP (collectively, Accenture or AFS) agreed to pay $25 million to resolve allegations that AFS violated the False Claims Act (FCA) by falsely certifying compliance with anti-discrimination requirements in its federal contracts while engaging in employment practices that allegedly discriminated based on race or sex. Of the $25 million settlement, approximately $11.6 million constitutes restitution, and Accenture denies that it engaged in the alleged conduct.
Continue Reading DOJ Continues DEI False Claims Act Enforcement with $25 Million Accenture Settlement

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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