June DOJ/SBA FCA Settlements Highlight Continued Focus on Contractor Compliance
In June, DOJ announced two False Claims Act settlements targeting alleged fraud against the Small Business Administration’s (“SBA”) set-aside contract program for service-disabled veteran-owned small businesses (“SDVOSBs”). The settlements resulted in a combined recovery of $24.9 million and both resolved underlying lawsuits launched by qui tam complaints. Together, these back-to-back settlements suggest that the government is surging resources to both anti-fraud issues generally, and to alleged SBA fraud in particular. (more…)
Fifth Circuit Panel Produces Three Opinions Wrestling with Application of First to File Bar
On March 9, 2026, a divided panel of the Fifth Circuit revived a long-running qui tam suit against Lockheed Martin and reversed a district court’s dismissal of the relator’s complaint on first-to-file grounds. United States of America ex rel. Ferguson v. Lockheed Martin Corp., No. 24-10713 (5th Cir. 2026) (“Ferguson”). Under the False Claims Act’s first-to-file bar “no person other than the Government may intervene or bring a related action based on the facts underlying” a pending, first-filed action. 31 U.S.C. § 3730(b)(5).