A $7.75 Million Omission: The FCA, Omissions, and False Claims Prosecutions

By Dilyn Loveless, Partner dloveless@centrelawgroup.com

Sierra Nevada Company, LLC (SNC), the Sparks, Nevada aerospace and defense contractor, agreed on July 28, 2026 to pay $7.75 million to resolve False Claims Act (FCA) allegations. The problem was not a defective part or an inflated invoice. It was a conflict of interest that never made it onto the page.  It was a material omission, not admission.

According to the government, SNC hired Michael Henry as a paid consultant from July 2019 through June 2020. During that same window, Henry was a sitting Department of War official on the Joint Staff (J6). While drawing a consulting check from SNC, he participated personally and substantially in three government contracts awarded to the company, sitting on the government side of the table while recommending SNC’s products from the contractor side.

The government’s theory was straightforward. By concealing that organizational conflict of interest, SNC submitted or caused the submission of false claims, false statements, and false certifications. Meaning, in essence every certification that the work was clean carried a hidden defect, a false claim, and the FCA turned that omission into treble-damages exposure. Henry faced personal criminal exposure as well.

Conflicts of interest must be disclosed, and omissions can be treated as false statements, carrying the same penalties and punishments. When you bring on a former or current government official, the disclosure is the deal. Paper the OCI analysis before the first invoice goes out. A conflict you disclose is a compliance question. A conflict you hide is a false claim, and $7.75 million is what that silence can cost.


For more guidance or legal assistance on government contracting issues, please contact Centre Law & Consulting.

 

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