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Peter Hutt represents clients in False Claims Act and fraud litigation. He has testified before Congress concerning proposed amendments to the False Claims Act. He has litigated more than 20 qui tam matters brought under the False Claims Act, including matters alleging Iraqi procurement fraud, cost misallocation, quality assurance deficiencies, substandard products, defective pricing, health care fraud, and false certifications. He has conducted numerous internal investigations and frequently advises clients on whether to make disclosures of potential wrongdoing.
Mr. Hutt also represents clients in the full range of contract and grant matters, including contract formation, contract disputes and claims, terminations, cost allowability and allocability issues, contract financing issues, price reduction issues, subcontracting, compliance issues, and small business issues. He has litigated significant contract matters in the Court of Federal Claims and the Armed Services Board of Contract Appeals.
- Represented international construction company in False Claims Act investigation concerning quality assurance, supply chain management, defective pricing, and mischarging allegations.
- Convinced Department of Justice to decline intervention in qui tam action alleging false statements concerning eligibility for small business credits.
- Represented major services provider in False Claims Act matter concerning alleged labor category violations.
- Obtained dismissal of qui tam action alleging fraud in connection with Iraqi procurement contracts, United States ex rel. Mayberry et al. v. Custer Battles LLC et al., No. 1:06-cv-364 (E.D. Va. 2008).
- Counseled multiple contractors concerning whether actions fell within scope of the Mandatory Disclosure Rule.
- Tried a $80 million claim concerning surplus pension assets under CAS 413, Appeal of ICI Americas, Inc., ASBCA No. 54877 et al. (2007).
- Won summary judgment on False Claims Act case alleging TINA violations, United States ex rel. Sanders v. Allison Engine Company, 364 F. Supp. 2d 699 (S.D. Ohio 2003).
- Tried a $100 million breach claim in Court of Federal Claims, Hughes Communications Galaxy, Inc. v. United States, 47 Fed. Cl. 236 (2000).
- Advised a non-profit entity on negotiating novel cooperative agreement with NASA and on intellectual property matters.
- Successfully converted several default terminations into convenience terminations.
- Litigated a significant claim concerning accounting treatment of refunds of state taxes.
- Represented a contractor proposed for debarment based on qui tam action, and obtained removal from excluded parties list within two weeks.
Memberships and Affiliations
- Procurement Fraud Committee of the ABA Section of Public Contract Law, Vice Chair and former Chair
- Sidwell Friends School, Member of the Board of Trustees
- Boy Scout Troop 8 in Bethesda, Maryland
- Washington Lawyers Committee for Civil Rights and Urban Affairs, Trustee
March 24, 2020, Covington Alert
The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with ...
December 2019, Government Contracting Law Report
June 20, 2018, The Government Contractor
5 Takeaways As DOJ Investigative Powers Get Challenged
May 1, 2018, Law360
Peter Hutt is quoted in a Law360 article providing takeaways from a recent challenge to the Justice Department’s investigative powers. The challenge was filed by a podiatry chain embroiled in False Claims Act litigation, and voiced procedural objections to the civil investigative demands that the DOJ issued after electing not to intervene in the ...
August 2017, Pratt's Government Contracting Law Report
Attys Dish On Escobar's FCA Impact One Year Later
June 16, 2017, Law360
Peter Hutt II is quoted in a Law360 article evaluating how the Supreme Court's decision in Escobar has been applied over the last year. According to Hutt, "Escobar is such a powerful case because it establishes rules that align with common sense. As to 'implied certification,' courts are instructed to determine if defendants were lying to the government by ...
Top Gov't Contracts Cases Of 2016
December 12, 2016, Law360
Peter Hutt II is quoted in a Law360 article providing a roundup of the most significant government contracts cases of 2016. According to Hutt, "Escobar is the case of the decade. ... [Its] effects will continue to ripple.”
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among ...
April 18, 2016, Modern Healthcare
Peter Hutt II is quoted in this Modern Healthcare article discussing the upcoming oral arguments at the Supreme Court in Universal Health Services v. United States ex. rel. Escobar. Hutt argues it is the biggest False Claims Act case to be weighed by the Supreme Court in more than 30 years, and the case would be the "polestar" for any future decisions from ...
Leading Government Contracts Lawyer Joins Covington
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
February 29, 2016, Bloomberg BNA
Peter Hutt II and Fred Levy are quoted in this Bloomberg BNA “Big Law Business” article discussing Covington’s growing government contracts practice. Hutt, who has watched the firm’s growth from a distance before joining recently says, “It was an eye opener to everyone in the government contracts space.” Levy, who joined last year, adds, “There continues to be a ...
The Implications of False Claims Act Litigation for National Security
November 2015, Center for Strategic and International Studies
How to Avoid Potential Landmines When Dealing With Subcontractors
July 2015, American Conference Institute’s Advanced Forum on Preventing Contract & Procurement Fraud
Looking Back and Looking Ahead: What $30 Billion in Recoveries and 25 Years of FCA Litigation and Enforcement Tell Us About the Future
June 2012, ABA Institute on the Civil FCA and Qui Tam Enforcement
Preventing False Claims Act Violations
October 2010, American Conference Institute, Third Advanced Forum on Government Contracting Ethics, OCIs and Compliance
The Future of the False Claims Act: FERA and Beyond
June 2010, ABA Institute on the Civil FCA and Qui Tam Enforcement
False Claims Act Enforcement of Procurement Fraud
April 2010, CLE International False Claims Act and Qui Tam Litigation Conference
Allison Engine: Supreme Court Changes Standards in False Claims
July 2008, ALA-ABA Seminar
Analysis of Rockwell International v. United States
April 2007, ABA Public Contract Section, Procurement Fraud Committee
- Chambers USA, Government Contracts (2019)
- Recognized by the Washingtonian as a "Top Lawyer" in the Whistleblower - Defense category (2015).
Practices
Education
Stanford Law School, J.D., 1989
- Stanford Law Review, Senior Articles Editor