South Korea Contract Kickback Claims Reinstated by Ninth Circuit

The federal government has another chance to prosecute a former Department of Defense contracting officer who is alleged to have engaged in a scheme to steer contracts to companies in South Korea in exchange for payments, the Ninth Circuit ruled Wednesday.

Because of a flawed interpretation of the Wartime Suspension of Limitations Act, a district court improperly dismissed as untimely seven counts in the 2017 indictment against Duane Nishiie, the U.S. Court of Appeals for the Ninth Circuit said in its decision to reverse and remand.

The WSLA stops the clock on the statute of limitations for wartime fraud, property, ...