While three of the bills remain pending in committee, on May 20,
2009, President Obama signed into law S. 386, the Fraud Enforcement
and Recovery Act (P.L. 111-21) ("FERA"). FERA seeks to
"provide the federal government with more tools to investigate
and prosecute financial fraud." The bill targets all kinds of
fraudulent activity, from mortgage lending to securities fraud, but
in the federal government contracting arena, this law:
Amends the major fraud statute to protect funds expended under
the TARP and the economic stimulus package;
Authorizes funding to hire fraud prosecutors and investigators
at the U.S. Department of Justice, the Federal Bureau of
Investigation and other law enforcement agencies; and
Extends the coverage of the False Claims Act to any false or
fraudulent claim for government money or property, whether or not
the claim is presented to a government official or employee,
whether or not the government has physical custody of the money, or
whether or not the claimant specifically intended to defraud the
The portion of the law pertaining to the False Claims Act is a
direct response to the U.S. Supreme Court's decision in
Allison Engine Co. v. United States ex rel. Sanders,
discussed in our
June 27, 2008 Alert, wherein the Court held that the mere
involvement of the United States' funding was insufficient to
bring a matter under the False Claims Act.
If you have any questions about this Alert or would like
more information, please contact Tamara M. McNulty, LEED AP, any
member of the Construction Group or the attorney in the firm with
whom you are regularly in contact.
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm of more than 650
attorneys, offers innovative solutions across diverse industries in
the United States and internationally to address the legal and
business challenges of today's evolving global
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A trend, and now common practice, in the construction industry is for an owner or contractor to require contractors and subcontractors to name it as an additional insured on their commercial general liability insurance policies.
Foreclosure/Deficiency Judgment: where a foreclosing bank acquires in rem jurisdiction via service by publication in underlying foreclosure action, bank may still seek personal service over an individual to pursue deficiency judgment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).