ACC Colorado Publishes "Mitigating False Claims Act Risk in a Harrowing Enforcement Climate"

10.10.2022

Stinson LLP's government contracts Partner Eric Whytsell published a column in the Colorado chapter of the Association of Corporate Counsel's quarterly newsletter detailing the evolving enforcement climate concerning the False Claims Act (FCA), with insight regarding the importance of risk mitigation of the FCA as the Department of Justice's (DOJ) enforcement increases.

In anticipation of "another banner year for the DOJ, one in which companies across the spectrum may face whistleblowers, investigations, and the risk of FCA liability," Whytsell provides a detailed five-step process for mitigating FCA risk: know your contracts and grants, assess your risk, establish and maintain a robust compliance program, assess and improve your program, and investigate and disclose problems as appropriate.

Whytsell stresses the importance of understanding the intricacies of a company's compliance process and implementing the above steps to mitigate any risk. He concludes, "It would be best if you considered integrating each of these elements into your company's approach ensuring compliance and mitigating FCA risk to minimize the chance of issues arising and maximize your opportunity to identify and address them before they become more significant problems."

Whytsell advises on federal, state and local procurement issues throughout the life cycle of the contracting process. He enjoys helping clients, including multinational corporations as well as small and mid-sized businesses in a variety of sectors, assess, understand, and develop and implement practical strategies to address complicated issues relating to government contracts, intellectual property, cybersecurity and export controls.

Read the full column.