The False Claims Act sets a maximum penalty near $28,000 for each false invoice submitted to the government, and those penalties are tripled and stack on every claim, which is how a routine billing dispute becomes a multi-million-dollar case.
Nick Peterson, counsel at Wiley Rein and a former FAA special agent, breaks down how whistleblower suits get filed under seal, why data miners now drive nearly half of these cases, and the exact moments a government contractor is most exposed.
What you'll learn in this episode:
- How the False Claims Act penalty of roughly $28,000 per invoice gets tripled and stacked into a large case
- Why a qui tam whistleblower can collect 15 to 30 percent of the government's recovery, and how cases stay sealed for years
- The set-aside size standard mistake that turns a contract you already won into a fraud allegation, and when you must disclose
- How affiliation rules pull a private-equity owner's other companies into your small-business determination
- Why data miners now file close to half of all whistleblower cases, and what DOJ's new invitation to them means for contractors
Chapters:
0:00 - False Claims Act breaking news on DOJ and data miners
4:00 - False Claims Act explained, from the Civil War Lincoln Law
6:00 - Qui tam whistleblowers and the 15 to 30 percent reward
7:00 - The $28,000 per-claim penalty and treble damages
17:00 - Procurement fraud, bid rigging, and ghost bids
26:00 - Set-aside size standards and the duty to disclose
31:00 - Cases under seal for years and the real cost to defend
40:00 - DOJ's new national fraud enforcement task forces
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About the guest:
Nick Peterson is a litigation and investigations attorney at Wiley Rein in Washington, DC. He helps government contractors navigate some of their toughest moments, including False Claims Act investigations, enforcement actions, and high-stakes disputes involving allegations of fraud and noncompliance. He works with companies across the GovCon spectrum, from small businesses to major defense contractors, guiding them through audits, subpoenas, whistleblower complaints, litigation, and agency scrutiny.
Nick is also a leading voice on the enforcement trends shaping today's government contracting landscape. He regularly writes and speaks on the False Claims Act, compliance risks, and how shifting government priorities are driving new waves of enforcement. He focuses on breaking down what these developments actually mean for contractors in practice, where the risks are, what's changing, and how companies should be thinking about it.
Firm bio: https://www.wiley.law/people-NickPeterson
LinkedIn: https://www.linkedin.com/in/nick-peterson-4762654/
