DOJ filed a Statement of Interest in the U.S. District Court for Maryland (Fadlalla et al v. DynCorp International LLC et al., Case No. 8:15-cv-01806-PX) to vigorously oppose motions to dismiss filed by DynCorp, AECOM, Global Linguist Solutions and other defense contractors in the False Claim Act (“FCA”) lawsuit filed by LOJH. DOJ’s brief can be accessed by clicking HERE.

The Statement of Interest methodically attacks the defendants’ representations on minimum pleading require-ments for FCA complaints in-cluding what DOJ character-rizes as “unduly restrictive barriers for alleging falsity” and an inaccurate test for fraud-in-the-inducement claims.  DOJ also criticized attempts to re-characterize false small business participation claims into mere breach of contract claims (citing cases wherein a false statement about the participation of small businesses on SBA set-aside contracts was the predicate for an FCA charge). DOJ’s brief belied Defendants’ prior asser-tion to the Court that the false claims made were not “material” given DOJ’s decision not to intervene. 

Defendants (represented by Wiley Rein LLP; Holland & Knight LLP; Orrick, Herrington & Sutcliffe LLP; Thompson Coburn LLP; Moore & Lee LLP; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.; and Miller & Chevalier Chartered) and Plaintiffs (represented by LOJH, Rifkin Weiner Livingston, LLC and Chimicles Schwartz Kriner & Donaldson-Smith LLP) filed more than five hundred-pages of briefs on the motions to dismiss.  Under the “presumed loss” provisions of the Small Business Jobs Act of 2010, LOJH seeks treble damages on the $4.6 billion U.S. Army Intelligence & Security Command contract for linguistic services in Kuwait.