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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Edwin O. Childs

Photo of Edwin O. Childs As a leader of the firm’s Defense, National Security and Government Contracting industry team, Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His practice, spanning more than a decade in Washington, encompasses a broad array of legal services, including government contract investigations, disclosures, and regulatory enforcement actions; bid protests and government contract disputes; government contract counseling; export licensing and enforcement; prime contractor-subcontractor disputes; corporate ownership and acquisition issues; and election law investigations and enforcement matters.

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FAR Council Issues Implementation Guidance for Executive Order 14398: New DEI Contract Clause Requirements for Federal Contractors

By Edwin O. Childs, Jason M. Vespoli, John Adams, John S. Moran, Jack White, Abram J. Pafford, Sarah Wake, Farnaz Farkish Thompson, Julia Coleman, Elissa Baur, William Doyle, Brett Barnett, John Sullivan and Sophie Marsh on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
On April 20, 2026, the Federal Acquisition Regulatory (FAR) Council issued agency implementation guidance for Executive Order (E.O.) 14398, “Addressing DEI Discrimination by Federal Contractors,” which President Trump signed on March 26, 2026. The guidance introduces a new contract clause — FAR 52.222-90 — and establishes tight deadlines for agencies to incorporate the clause into… Continue Reading

GSA AI Procurement Rules Would Introduce New Disclosure and Use-Rights Requirements for Federal Contractors

By Jason M. Vespoli, Edwin O. Childs, Andrew Konia, Abram J. Pafford, John Sullivan and Sophie Marsh on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
The General Services Administration (GSA) Federal Acquisition Service has released draft contract terms and conditions related to artificial intelligence (AI)-related procurements through a new proposed GSAR clause 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems (FEB 2026) (GSAR Deviation), that would impose material new requirements on contractors and service providers supplying artificial intelligence capabilities to the… Continue Reading

New Executive Order Targets DEI Practices by Federal Contractors, Imposes Mandatory Contract Clause and FCA Liability

By Edwin O. Childs, Abram J. Pafford, Jack White, John Adams, Elissa Baur, James Dougherty, Brett Barnett, Michael J. Podberesky, David Greenspan, John E. Thomas, Jr., William Doyle, Elena Marcuss, Michael R. Phillips, Jason M. Vespoli, John Sullivan and Sophie Marsh on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
Continuing his Administration’s efforts to eliminate diversity, equity, and inclusion (DEI) activities, President Donald Trump signed an executive order, “Addressing DEI Discrimination by Federal Contractors,” on March 26, 2026 that directs all executive departments and agencies to include a new clause in all federal contracts and subcontracts prohibiting what the order defines as “racially discriminatory… Continue Reading

New GSA Proposal Could Expose Federally Funded Institutions With Programs Perceived as DEI-Related

By Brandi G. Howard, Farnaz Farkish Thompson, Jack White, Sarah Wake, Michael J. Podberesky, Edwin O. Childs, Maricris Prendingue and John Sullivan on Fraud, Deception and False Claims, Government Contracts
The General Services Administration has proposed requiring all federal funding recipients to certify that they do not maintain diversity, equity, inclusion and accessibility programs. Recipients also would also need to certify they are not knowingly hiring or recruiting undocumented staff. The GSA estimates the proposal would impact approximately 222,760 entities — including colleges and universities.… Continue Reading

DAAG Provides Views on FCA Enforcement Focus: Targeting Discrimination, Not DEI Programs Per Se

By Edwin O. Childs, Brett Barnett, John Adams, Jack White, Brandi G. Howard, Elissa Baur, John S. Moran, Michael J. Podberesky, Jason M. Vespoli, Sophie Marsh, John Sullivan and McGuireWoods LLP on Fraud, Deception and False Claims
At the Federal Bar Association’s 2026 Qui Tam Conference on February 19, 2026, Brenna Jenny, Deputy Assistant Attorney General (DAAG) in the U.S. Department of Justice’s (DOJ) Commercial Litigation Branch, delivered a keynote speech on enforcement priorities under the False Claims Act (FCA) with respect to diversity, equity, and inclusion (DEI) programs.  Jenny’s reported remarks… Continue Reading

DoW Announces Line-by-Line Review of Certain 8(a) Contracts Amid Government-wide Scrutiny of the 8(a) Program

By Edwin O. Childs, Brett Barnett, Michael J. Podberesky, Abram J. Pafford, John Adams, Jack White, Elissa Baur, Benjamin L. Hatch, Michael Scoville, John S. Moran, James Dougherty, Jason M. Vespoli, Michael A. Brody and McGuireWoods LLP on Government Contracts
On January 16, 2026, the Secretary of War Pete Hegseth posted a video on social media announcing that the Department of War will conduct a “line‑by‑line review of every small business, sole source, 8(a) contract that is over $20 million,” focusing on impermissible pass‑throughs to large businesses.  This action by the DoW aligns with broader… Continue Reading

Creation of DOJ Fraud Division Signals Increased White-Collar Enforcement

By Brett Barnett, Edwin O. Childs, John Adams, Ryan Buchanan, Alex J. Brackett, Mindy Sauter, Michael J. Podberesky, Stephen Weiss, David Pivnick, Shalika Shah Kotiya, Brandi G. Howard, Jack White, M. Cole Davidson and Steven McCool on Fraud, Deception and False Claims
On Jan. 8, 2026, the White House announced the establishment of the DOJ’s Division for National Fraud Enforcement. The Trump administration stated that the new division will “combat the rampant and pervasive problem of fraud in the United States” and “enforce the Federal criminal and civil laws against fraud targeting Federal government programs, Federally funded… Continue Reading

Department of Defense Issues Final Rule on Cybersecurity Standards for Contractors

By Edwin O. Childs, Andrew Konia, Abram J. Pafford, Todd R. Steggerda, Jack White, James Dougherty, Jason M. Vespoli, John Sullivan, Sophie Marsh and McGuireWoods LLP on Government Contracts
After years of waiting, the U.S. Department of Defense (DoD) posted to the Federal Register for public inspection on September 9, 2025, a final rule implementing the Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) standards into the Defense Federal Acquisition Regulation Supplement (DFARS) (the Final Rule), which was formally published a day later on September… Continue Reading

California Defense Contractor and Private Equity Firm Agree to Pay $1.75M to Resolve False Claims Act Liability Relating to Voluntary Self-Disclosure of Cybersecurity Violations

By Todd R. Steggerda, Edwin O. Childs, Michael J. Podberesky, Abram J. Pafford, Brett Barnett, Jack White, Andrew Konia, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Fraud, Deception and False Claims
On July 31, 2025, the U.S. Department of Justice  (“DOJ”) announced a $1.75 million False Claims Act (“FCA”) settlement with Aero Turbine Inc. (“Aero Turbine”), a California-based defense contractor, and private equity firm Gallant Capital Partners LLC (“Gallant Capital”).  The settlement arises out of allegations that Aero Turbine failed to comply with certain cybersecurity requirements… Continue Reading

DOJ and HHS Reestablish False Claims Act Working Group, Delineate Healthcare Enforcement Priorities

By Michael J. Podberesky, Brett Barnett, Timothy Fry, Edwin O. Childs and McGuireWoods LLP on Compliance, Fraud, Deception and False Claims
On July 2, 2025, the U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services (HHS) announced they will reestablish the DOJ-HHS False Claims Act Working Group. Originally formed in December 2020 at the tail end of the first Trump administration, this partnership focuses on advancing enforcement of the False Claims Act… Continue Reading

Supreme Court Declines to Narrow Reach of Federal Fraud Law

By Brett Barnett, Edwin O. Childs, John S. Moran, Abram J. Pafford, Michael J. Podberesky, Todd R. Steggerda, Jack White, Michael A. Brody, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Fraud, Deception and False Claims, Government Contracts
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even without the intent to cause the victim economic loss. In a… Continue Reading

DOJ Announces Initiative to Use False Claims Act to Investigate DEI Practices

By Edwin O. Childs, Farnaz Farkish Thompson, Jack White, Michael J. Podberesky, Brett Barnett, John S. Moran, Steven McCool, John Sullivan, Jason M. Vespoli, Michael A. Brody and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
On May 19, 2025, the U.S. Department of Justice’s (DOJ) Deputy Attorney General announced its new Civil Rights Fraud Initiative, which aims to use the False Claims Act (FCA) to investigate and pursue claims against entities that tolerate antisemitism, allow men to enter women’s spaces or compete in female athletic competitions, or engage in unlawful… Continue Reading

Executive Order Initiates Commercial Focus in Federal Procurement Reform

By Edwin O. Childs, Abram J. Pafford, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Government Contracts
On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially  available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable.” This includes procurements made pursuant to the Federal Acquisition… Continue Reading

Restoring Common Sense to Federal Procurement – The White House

By Edwin O. Childs, Abram J. Pafford, Jack White, John S. Moran, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Government Contracts
On April 15, 2025, the Trump Administration issued an Executive Order titled “Restoring Common Sense to Federal Procurement” that seeks to reform the Federal Acquisition Regulation (“FAR”) and agency-specific supplements to contain only those “provisions required by statute or essential to sound procurement.”  Along with a supplemental fact sheet, the Executive Order states that “any… Continue Reading

Department of Justice Suggests “Aggressive” Enforcement of False Claims Act

By Edwin O. Childs, Brett Barnett, Jack White, Farnaz Farkish Thompson, Michael J. Podberesky, Todd R. Steggerda, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
In a speech to the Federal Bar Association’s annual qui tam conference on Feb. 20, 2025, Michael Granston, Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice, discussed how the Trump administration plans to “aggressively” enforce the False Claims Act (FCA). His statements come on top of other comments from Trump… Continue Reading

Trump Tariffs on Canada, Mexico, and China

By Alex J. Brackett, John Padgett, Patrick Rowan, Edwin O. Childs, Ryan M. Bernstein, Mimi Bair, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Sanctions, Trade Embargo, and Export Controls
On February 1, 2025, the Trump Administration imposed long-expected tariffs on imports from Canada, Mexico, and China through the issuance of three executive orders (“EOs”).  While some recent reporting suggested that implementation of these tariffs may be delayed to March 1, 2025, the White House confirmed on January 31, 2025 that these tariffs would be… Continue Reading

DoD Issues Final CMMC Framework for Defense Contractors

By Edwin O. Childs, Abram J. Pafford, Andrew Konia, Jack White, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Government Contracts
After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32 CFR Part 170. Contract clauses implementing the CMMC program rule will be issued as part of the Defense Federal Acquisition Supplement,… Continue Reading

DOJ Announces Safe Harbor Policy for Mergers and Acquisitions

By Jason H. Cowley, Justin Givens, Edwin O. Childs, J. Brent Justus, Holden Brooks and Amy Manning on Compliance, Enforcement and Prosecution Policy and Trends
In the U.S. Department of Justice’s continuing efforts to incentivize voluntary disclosure of corporate misconduct, Deputy Attorney General Lisa Monaco announced the Criminal Division’s latest corporate self-disclosure policy this week, aimed at mergers and acquisitions specifically (remarks Here).  Pursuant to DOJ’s new Mergers and Acquisitions Safe Harbor Policy (the “Policy”), acquiring companies that promptly and… Continue Reading

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement Priority

By Amy Manning, J. Brent Justus, Holden Brooks, Angelo Russo, Todd R. Steggerda, Abram J. Pafford, Jack White, Edwin O. Childs, Brandon M. Santos, Casey Erin Lucier, Paul T. Atkinson, Evan Tucker, Colin F. Brady, Jordan LaPointe and McGuireWoods LLP on Compliance
On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar Association’s Annual White-Collar Fall Forum, emphasizing a renewed commitment to pursuing criminal investigations in the federal procurement arena.  DOJ… Continue Reading

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

By Edwin O. Childs, Brian D. Barger, William Doyle, John E. Thomas, Jr., Abram J. Pafford, Jack White, John S. Moran and McGuireWoods LLP on Government Contracts
Influenced by the U.S. Supreme Court’s SFFA college affirmative action decision, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially… Continue Reading

Departments of Justice, Commerce and Treasury Issue Tri-Seal Compliance Note on Voluntary Self-Disclosure of Potential Violations

By Alex J. Brackett, Patrick Rowan, Jason H. Cowley, Edwin O. Childs, Elissa Baur and McGuireWoods LLP on Sanctions, Trade Embargo, and Export Controls
On July 26, 2023, the U.S. Department of Justice’s National Security Division, U.S. Department of Commerce’s Bureau of Industry and Security, and U.S. Department of the Treasury’s Office of Foreign Assets Control issued a Tri-Seal Compliance Note (the Note) detailing updates to the three agencies’ voluntary self-disclosure policies applicable to violations of U.S. sanctions, export… Continue Reading

U.S. Supreme Court Clarifies DOJ’s Authority to Dismiss Whistleblowers’ False Claims Act Suits, Questions Constitutionality of Qui Tam Provisions

By Edwin O. Childs, Michael J. Podberesky, Jonathan Ellis, Gretchen Heinze Townshend, Todd R. Steggerda, Charles Wm. McIntyre and Jason M. Vespoli on Fraud, Deception and False Claims
The U.S. Supreme Court recently resolved a circuit split by holding that, in a False Claims Act action, (1) the government may seek dismissal of a qui tam case in which the government initially declined to intervene over the relator’s objection so long as it later intervened in the litigation, and (2) district courts should… Continue Reading

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

By Jack White, Edwin O. Childs, Abram J. Pafford, Andrew Konia, Jason M. Vespoli and Jessica Nejberger on Fraud, Deception and False Claims
On June 21, the U.S. Department of Homeland Security issued a long-anticipated cybersecurity final rule that revises an existing clause and adds two new clauses to the Homeland Security Acquisition Regulation related to contractors’ handling of controlled unclassified information. Read on for highlights from this rule, which goes into effect July 21 and is likely… Continue Reading

Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors and Healthcare Providers Accused of Fraud

By Michael J. Podberesky, Edwin O. Childs, Gretchen Heinze Townshend, Brett Barnett and Jonathan Ellis on Fraud, Deception and False Claims, Government Contracts
On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as “relators”) in consolidated False Claims Act (“FCA”) cases in a decision that clarified the application of the FCA’s knowledge requirement.  In United States ex rel. Schutte v. SuperValu Inc., the Court held that the FCA reaches defendants who… Continue Reading

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