Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Jack White

Photo of Jack White Jack is a partner in the firm’s nationally ranked Government Investigations and White Collar Litigation practice, focusing his practice on civil litigation, regulatory enforcement, and congressional investigations for clients in the defense, technology, federal contracting, and other business sectors.

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Supreme Court Declines to Narrow Reach of Federal Fraud Law

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

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

Restoring Common Sense to Federal Procurement – The White House

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

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

DoD Issues Final CMMC Framework for Defense Contractors

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

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

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

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

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

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

U.S. Department of Education Launches Secret Shoppers Program to Investigate Colleges and Universities

Enforcement and Prosecution Policy and Trends
Federal Student Aid’s Office of Enforcement announced a “secret shoppers” program to evaluate a college or university’s recruitment, enrollment, financial aid and other practices. The secret shoppers program will focus on student recruitment and enrollment practices, which may include the practices of online program managers. Read on for details about this initiative, including types of… Continue Reading

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

Enforcement and Prosecution Policy and Trends
On March 7, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing the required domestic content threshold for purchases governed by the Buy American Act. Read on for highlights from the rule and next steps for government contractors… Continue Reading

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