While the federal government has relied on the False Claims Act (FCA) to combat fraud across a range of sectors since 1986, in 2022, the Department of Justice set its sights on new enforcement priorities, including fraud in the cybersecurity realm. In October 2021, DOJ announced its Civil Cyber-Fraud Initiative, dedicated to using the FCA
Brad Robertson works with clients facing government investigations and litigations, dealing with whistleblower allegations and qui tam actions, and planning compliance programs to prevent these occurrences in the first place. He helps his clients navigate compliance and potential liability under the False Claims Act, Anti-Kickback Statute and FIRREA, in addition to other areas of healthcare fraud and abuse, financial/mortgage fraud, and white collar criminal law.
Defense Contractor Denied FCA Summary Judgment in First Test of DOJ’s New Civil Cyber-Fraud Initiative
On February 1, 2022, the United States District Court for the Eastern District of California ruled that a False Claims Act (FCA) case against defense contractor Aerojet Rocketdyne Holdings and Aerojet Rockdyne Inc. (collectively “Aerojet”) could go forward on triable issues of fact as to whether noncompliance with government cybersecurity requirements are material to the…