Hogan Lovells Publications | Government Contracts Alert | 08 August 2013

Fifth Circuit decision exposes contractors to vicarious liability for double damages when employees receive personal kickbacks

In a case of first impression with potentially far-reaching consequences, the Fifth Circuit has ruled that a contractor may be held vicariously liable for double damages under the Anti-Kickback Act (AKA) even when the kickback is taken by an employee, not the contractor.

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