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Home False Claims-Qui Tam

Holding Bonding Companies Liable when a Construction Firm Falsifies its Service Disabled Veteran-Owned Status

Michael KohnbyMichael Kohn
September 7, 2017
in False Claims-Qui Tam, News
Reading Time: 2 mins read
Holding Bonding Companies Liable when a Construction Firm Falsifies its Service Disabled Veteran-Owned Status
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Last month a U.S. District Court extended federal False Claims Act liability to bonding companies who have reason to know that they bonded construction firms who falsified their Service Disabled Veteran Owned Small Business (SDVOSB) status. Under the Miller Act, government construction projects must be bonded before they can be awarded. That bonding underwriting process is arduous and provides the bonding company with an opportunity to determine whether the construction firm being bonded falsified its SDVOSB status. In that case, according the recently decided United States ex. rel. Scollick v. Narula, et al., the bonding company can be held accountable under the False Claims Act.

In Scollick, two bonding companies are alleged to have knowingly bonded $12.5 million in SDVOSB set-aside construction contracts to firms the bonding companies knew or should have known were not SDVOSB entities. The district court concluded that a “reverse false claim” exists because the bonding agreements guaranteed that the work would be performed in accordance with the terms of the construction contracts and that those contracts explicitly required that the work had be undertaken by a SDVOSB entity.

The case will now move forward to determine whether the bonding companies must pay back to the government three times the amount of the fraudulent payments the government made to the construction firms. The complaint was filed by whistleblower Andrew Scollick on behalf of the United States government. False Claims Act whistleblowers can collect a reward of up to 30% of the total recovery, plus legal fees.

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Related Links:

  • United States ex. rel. Scollick v. Narula, Case No: 14-cv-01339-RCL (District Court, District of Columbia. Memorandum and Order dated July 31, 2017),
  • United States ex. rel. Scollick v. Narula, amended complaint
Tags: Corporate FraudFalse Claims/Qui TamWhistleblower Rewards
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Michael Kohn

Michael Kohn

Michael D. Kohn is a founding partner of the whistleblower law firm Kohn, Kohn & Colapinto. He has successfully represented whistleblowers in cases against some of the nation’s largest corporations and law firms, including Georgia Power Company, Brown & Root and Ashland Oil Company. He has also won numerous whistleblower cases against federal, state and local governments. His knowledge of issues involving the life sciences, nuclear energy and technology are integral to the firm’s advocacy for those who report environmental violations in the workplace. Mr. Kohn is often sought out by the national media to comment on whistleblower actions and is co-author of two landmark books on whistleblower protection. He is co-founder and serves as President of the National Whistleblower Center, and Trustee of the National Whistleblowers Legal Defense & Education Fund.

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