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The Department of Justice(DoJ) is moving ahead at pace with its civil fraud initiative against government contractors that fail to comply with cybersecurity requirements. That include information security standards and cyber incident reporting obligations (DFARS 7012) and supply chain procurement breaches under article 889 of the 2019 NDAA.
The DoJ has a track record under the FCA, recouping $2.2 Billion involving fraud and false claims against the US government in 2020. (https://lnkd.in/d3emhGS2).
‘There is little doubt that the department intends to move out smartly with implementation. By way of example, its Procurement Collusion Strike Force initiative, announced in November 2019, is now functioning, and currently has more than 30 active investigations. The strike force now has roughly 500 individual investigators and attorneys assigned to U.S. attorneys offices around the country.
We can expect that the Justice Department will aggressively prioritize the Civil Cyber-Fraud Initiative. The announcement indicated the department would be partnering with other federal agencies and law enforcement to implement it.’
I expect the DoJ will drive the initiate hard. It will use the Whistle blower program to identify investigations, incentivising private citizens including contractor employees to file qui tam suits on behalf of the government. Guaranteeing them between 15 and 30 percent of the recovery, a scheme that the Securities and Exchange Commission has adopted to great effect with the largest payment being $114m to date.
#ransomware‚Â #fisma‚Â #ofac‚Â #theaugustagroup‚Â #theaugustaplan‚Â #cybersecurity‚Â #supplychainriskmanagement‚Â #cyberriskmanagement‚Â #compliance‚Â #regulatorycompliance‚Â #regulatoryoversight‚Â #esg‚Â #scrm‚Â #cscrm‚Â #fca‚Â #cybercompliance‚Â #cyberregulation‚Â #cybergovernance‚Â #falseclaimsact‚Â #aws‚Â #dhs‚Â #cisa‚Â #securitiesandexchangecommission‚Â #doj #falseclaimsact
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