ARTICLE · 25 JUNE 2009

Government Contracts Alert - Spring 2009

Fried Frank Harris Shriver & Jacobson

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False Claims Act Amendments: On May 20, 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law, marking only the second time in the history of the civil False Claims Act (FCA) that all-embracing amendments have been made to this 1863 law.

United StatesGovernment, Public Sector

James McCullough

Steven Alerding

Michael Anstett

Joel Feidelman

William Speros

William Taft

RECENT DEVELOPMENTS

False Claims Act Amendments: On May 20, 2009, the Fraud Enforcement and Recovery Act of 2009 was signed into law, marking only the second time in the history of the civil False Claims Act (FCA) that all-embracing amendments have been made to this 1863 law. The new amendments will adversely affect contractors (and any other person, company, or entity that pays money to the Government or receives Federal funds) by making it far easier to conduct FCA investigations and win FCA recoveries. For a detailed discussion of these significant changes to the FCA, please see Fried Frank FraudMail Alert No. 09-05-21.

American Recovery And Reinvestment Act Of 2009: Interim rules have been issued implementing procurement-related provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act), which was signed into law on February 17, 2009. 74 Fed. Reg. 14622-52 (Mar. 31, 2009). One of the interim rules prohibits the use of funds provided by the

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