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Staff Counsel

The Staff Counsel Committee develops, but does not limit, its membership from insurance company in-house or staff counsel programs. We provide continuing legal education in the areas of ethics, management and trial techniques. The committee also holds monthly phone calls. If you have any questions about the Staff Counsel Committee or would like to become more involved, don't hesitate to join.

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Being Mindful Of The False Claims Act

By Michael Stover- All sureties knew that because of the False Claims Act (“FCA” or the “Act”) 1, a surety needed to be very careful about certifying an affirmative claim against the government. However, a few years ago, the surety world was jolted when an FCA case was filed against two sureties and a broker. The case essentially alleged that the sureties were liable under the FCA because they continued to bond a principal, allegedly with knowledge or under conditions in which they should have had knowledge, that the principal was not a properly certified disabled veteran-owned business. In an unrelated case, in September 2019, a settlement was announced between the United States Attorney’s Office for the Western District of North Carolina and a surety whereby the surety agreed to pay $1 million dollars to resolve an FCA claim that the surety should have known the principal it was bonding was not a proper U.S. Small Business Administration Section 8(a) contractor. -- Read More in the Fidelity and Surety Law Committee newsletter --