Kellogg Brown & Root Services, Inc. v. United States

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This matter is before the court after argument on plaintiffs Motion To Dismiss the Counterclaims of Defendant the United States of America for failure to state claims for which relief can be granted pursuant to RCFC 12(b)(6) and failure to properly plead fraud under RCFC 9(b). Plaintiffs motion calls into question the level of proof required for each of defendant’s five counts of fraud, implicating both statutory and common-law remedies, and, specifically, whether receipt of kickbacks from a subcontractor by employees of a prime contractor states a…