Nkechi Kanu
Overview
Nkechi is a counsel in Crowell's Government Contracts practice group, where she advises government contractors on internal and government investigations arising under the False Claims Act (FCA), with a particular focus on alleged noncompliance with cybersecurity requirements. Nkechi's FCA experience also includes procurement fraud, healthcare fraud, and defense industry fraud.
Career & Education
- University of California, Berkeley, B.A., legal studies, 2009
- Georgetown University Law Center, J.D., 2014
- District of Columbia
- Virginia
Nkechi's Insights
Client Alert | 2 min read | 06.26.24
Another One: It Pays to Consult the DOJ under the Civil Cyber Fraud Initiative
On June 17, 2024, the Department of Justice (DOJ) announced a $11.3 million False Claims Act (FCA) settlement that touches on two key enforcement priorities: the DOJ’s Civil Cyber-Fraud Initiative and pandemic-related fraud. This settlement, the largest under the Civil Cyber-Fraud Initiative to date, resolved allegations that Guidehouse Inc. (Guidehouse) and its subcontractor, Nan McKay and Associates (Nan McKay), violated the FCA because they failed to conduct pre‑production cybersecurity testing on New York State’s Emergency Rental Assistance Program (ERAP) technology product before public launch, and that Guidehouse used an unapproved third-party data cloud software program to store personally identifiable information (PII).
Speaking Engagement | 06.11.24 - 06.12.24
Event | 06.11.24 - 06.12.24
West Coast Government Contracts Seminar - Doing Business with the U.S. Government
Client Alert | 3 min read | 05.07.24
Representative Matters
- Conducted large-scale internal investigation for government contractor involving mandatory disclosure and False Claim Act considerations relating to potential noncompliance with cybersecurity requirements.
- Advised VA contractor on strategic response to a Civil Investigative Demand served on the organization in connection with a False Claims Act investigation, which resulted in favorable administrative resolution.
- Successfully represented drug manufacturer in a qui tam False Claims Act lawsuit alleging fraudulent pharmaceutical testing methods. The case was dismissed at the pleading stage.
- Led internal investigation and developed disclosure strategy relating to company's failure to perform required conformance testing for products listed on the government's Qualified Product List. Secured favorable resolution of matter with OIG.
- Successfully led the defense of a whistleblower OSHA investigation into one of the largest healthcare providers in the Midwest, which involved proceedings before the Solicitor General’s Office. OSHA concluded its investigation with no charges.
- Managed response to federal criminal grand jury subpoena involving alleged violation of conflict of interest regulations and requirements, which resulted in the DOJ concluding investigation with no charges.
- Lead counsel for Fortune 50 company with respect to half billion dollar commercial item program, counseling client on government changes and delays while responding to cure notice and threat of termination by customer agency. Negotiated successful settlement and recovery of tens of millions of dollars in changes, delays, and future work for contractor.
- Represented foreign subcontractor in international arbitration against prime contractor in recovering on multiple damages claims arising from subcontracts providing services under the U.S. Army's LOGCAP contract in Iraq.
- Advised clients on cloud service provider requirements under DFARS 252.204-7012 and DFARS 252.239-7010./li>
- Engaged in longstanding partnerships with multiple defense contractors to devise compliance strategies for DFARS 252.204-7012, including routine gap assessments and subsequent remediation plans.
Nkechi's Insights
Client Alert | 2 min read | 06.26.24
Another One: It Pays to Consult the DOJ under the Civil Cyber Fraud Initiative
On June 17, 2024, the Department of Justice (DOJ) announced a $11.3 million False Claims Act (FCA) settlement that touches on two key enforcement priorities: the DOJ’s Civil Cyber-Fraud Initiative and pandemic-related fraud. This settlement, the largest under the Civil Cyber-Fraud Initiative to date, resolved allegations that Guidehouse Inc. (Guidehouse) and its subcontractor, Nan McKay and Associates (Nan McKay), violated the FCA because they failed to conduct pre‑production cybersecurity testing on New York State’s Emergency Rental Assistance Program (ERAP) technology product before public launch, and that Guidehouse used an unapproved third-party data cloud software program to store personally identifiable information (PII).
Speaking Engagement | 06.11.24 - 06.12.24
Event | 06.11.24 - 06.12.24
West Coast Government Contracts Seminar - Doing Business with the U.S. Government
Client Alert | 3 min read | 05.07.24
Nkechi's Insights
Client Alert | 2 min read | 06.26.24
Another One: It Pays to Consult the DOJ under the Civil Cyber Fraud Initiative
On June 17, 2024, the Department of Justice (DOJ) announced a $11.3 million False Claims Act (FCA) settlement that touches on two key enforcement priorities: the DOJ’s Civil Cyber-Fraud Initiative and pandemic-related fraud. This settlement, the largest under the Civil Cyber-Fraud Initiative to date, resolved allegations that Guidehouse Inc. (Guidehouse) and its subcontractor, Nan McKay and Associates (Nan McKay), violated the FCA because they failed to conduct pre‑production cybersecurity testing on New York State’s Emergency Rental Assistance Program (ERAP) technology product before public launch, and that Guidehouse used an unapproved third-party data cloud software program to store personally identifiable information (PII).
Speaking Engagement | 06.11.24 - 06.12.24
Event | 06.11.24 - 06.12.24
West Coast Government Contracts Seminar - Doing Business with the U.S. Government
Client Alert | 3 min read | 05.07.24