This spring’s winter blast may dampen this year’s cherry blossoms but didn’t
dim the spirits of your friends at LLB, especially those who represented KBR in
the long-running Barko qui tam case. Huddled
indoors on Tuesday, we received an unexpected, but welcome glimmer of sunshine.
Over three years after the motion was filed, the district court issued a more
decision granting summary judgment for KBR. United States ex rel. Barko v. Halliburton Co., et al., No.
05-cv-1276. Judge Royce Lamberth, who penned the decision, is the third
district judge to sit on this case since its inception a dozen years ago,
having inherited the case (and then-pending summary judgment motion) from Judge
James Gwin, who had in turn taken over the case from Judge Emmet Sullivan at
the motion to dismiss stage. This non-intervened case, filed under seal in
2005, alleged that KBR violated the FCA in a number of ways, including by
accepting kickbacks, rigging subcontractor bids, and billing the government for
duplicative or poorly performed work under the LOGCAP cost reimbursement
contract under which KBR provided logistical support to the U.S. military
during the conflicts in Iraq and Afghanistan.