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This is an important and interesting read on the implications of the False Claims Act (FCA) and enforcement trends in the US Aerospace and Defense sector. US Federal government recovered $5.6 Billion from US contractors in 2021 through the False Claims Act (FCA) a significant increase on 2019 and 2020. With a small percentage ($185 Million) from the Aerospace and Defense sector.
Existing DFARS 252.204-7012, 7019 and 7020 regulations, set requirements for DoD contractors to implement, oversight and assure cybersecurity under NIST SP 800-171 since 2017, through self assessment. The proposed DoD CMMC 2.0 program will require self assessment, 3rd party certification and government led cyber assessments.
The article outlines some of the challenges that the recent Department of Justice (DoJ) announcement of a Civil cyber fraud initiative may bring to the Aerospace and Defence industry in 2022. As the DoJ initiative develops and cybersecurity assessments are submitted to the DoD, the impacts of further legislation that may come from Executive Orders signed in 2021 focusing on cyber security and contract caselaw that builds the foundations for has the potential to be a robust campaign by the DoJ focusing on the Aerospace and Defence Industry and legal actions for failing to comply with cybersecurity standards.
Ted Dziekanowski Brian McCarthy Jason Spezzano
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