Legal Opinion

Morse Diesel International, Inc. v. United States

United States Court of Federal Claims

Decided July 15, 2005No. Nos. 99-279C, 99-529C, 99-530C, 00-531C, 03-1537CPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING THE GOVERNMENT’S ANTI-KICKBACK ACT OF 1986 COUNTERCLAIMS

BRADEN, Judge.

In 1986, Congress undertook a major revision and expansion of the Anti-Kickback Act of 1946, 60 Stat. 37, because kickbacks had become such a “pervasive problem in Federal procurement.” See H.R. Rep. NO. 99-964, at 4, reprinted in 1986 U.S.C.C.A.N. 5960, 5961. Kickbacks were viewed as a form of commercial bribery:

Whatever form they take, all kickbacks serve to undermine Federal procurement ---- Furthermore, inflated contract pricing is not their only effect. Kickback activity corrupts the…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. United States v. TestanSupreme Court of the United States · 1976

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3Cited by9 opinions

  1. Mastrolia v. United StatesUnited States Court of Federal Claims · 2010
  2. Kellogg Brown & Root Services, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  3. Morse Diesel International, Inc. v. United StatesUnited States Court of Federal Claims · 2007
  4. Morse Diesel International, Inc. v. United StatesUnited States Court of Federal Claims · 2008
  5. Morse Diesel International, Inc. v. United StatesUnited States Court of Federal Claims · 2006

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