Welcome to Baker McKenzie’s Suspension & Debarment Corner. Here you will find the latest information, trends and enforcement actions related to government procurement, including suspension and debarment, bid protests, False Claims Act defense and related topics. Calling upon our deep bench of 4000+ lawyers and legal professionals worldwide, we will occasionally call upon guest practitioners to  write about related topics including white collar criminal convictions or civil judgments relating to fraud, antitrust violations, theft, bribery, and tax evasion. Readers can expect to find practical guidance and tips for compliance with public procurement policies as well as best practices for managing allegations of misconduct.

Last week, the US Supreme Court rejected two petitions, Care Alternatives v. United States, 2021 U.S. LEXIS 915 (Feb. 22, 2021) and RollinsNelson LTC Corp. v. United States ex. rel. Winters, 2021 U.S. LEXIS 1045 (Feb. 22, 2021) that could have helped resolve a circuit split involving the US. False Claims Act, 31 U.S.C. §§ 3729 – 3733 (“FCA” or “Act”). The petitions sought to determine whether the FCA requires evidence of “objective falsity” in order to establish a violation of the Act.

READ REPORT IN ENGLISH READ REPORT IN SPANISH READ REPORT IN MANDARIN The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is now available in English, Spanish and Mandarin. COVID-19 and its effects have triggered many disputes, with litigation volumes in…

As the inauguration of the forty-sixth president of the United States approaches, the fragility of supply remains a critical lesson-learned from the COVID-19 pandemic. Our new report, in partnership with the Atlantic Council, explores how the next US administration can work alongside partners and allies in the Western Hemisphere to…

This Week in Government Enforcement Please join us for a new weekly video series, hosted by Baker McKenzie’s Government Enforcement partners Tom Firestone and Jerome Tomas. This episode features Maurice Bellan, Managing Partner of Baker McKenzie’s Washington D.C. office. Maurice was previously a prosecutor in DOJ’s Civil Rights Division and…

Read full article This article published in the Government Contracting Law Report discusses the U.S. Department of Justice’s Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters, which identify various factors that the Department will consider in issuing credit to companies that voluntarily disclose misconduct…

On 7 May 2019, the US Department of Justice issued Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters, which identify various factors that the Department will consider in issuing credit to companies that voluntarily disclose misconduct that could serve as the basis for False…

Announcement of Policy Revisions Reflects a More Practical, Flexible Enforcement Approach The US Justice Department has adjusted its approach to holding individuals, and not only corporations, responsible for improper conduct. In remarks at the ACI’s FCPA conference on November 29, Deputy Attorney General Rod Rosenstein softened the DOJ’s formal policy…

President Trump signed an executive order calling for increased monitoring and enforcement of laws that require — or express a preference for — domestic goods, services, and labor. Trump’s order requires more rigorous enforcement of “Buy American” laws that require agencies and government contractors to procure goods, products or materials that are produced in the United States.

The U.S. Securities and Exchange Commission recently filed a law enforcement action for failure to disclose loss contingencies arising out of a pending U.S. Department of Justice investigation.