United States Ex Rel. Vavra v. Kellogg Brown & Root, Inc.

HIGGINSON, Circuit Judge:

We are asked to decide a question of first impression in interpreting the Anti-Kickback Act (the “AKA” or the “Act”), 41 U.S.C. §§ 51-58.1 At issue is whether, and if so under what conditions, 41 U.S.C. § 55(a)(l)’s civil suit provision extends vicarious liability to an employer for the acts of its employees. Employees of Defendant-Appellee Kellogg Brown & Root, Inc. (“KBR”) allegedly accepted kickbacks from two companies angling to win subcontracts on KBR’s prime contract to service American armed forces in military theaters across the globe. Intervenor-Appellant,…