The United States filed a False Claims Act (FCA) complaint against the Georgia Institute of Technology (Georgia Tech) for failing to meet cybersecurity requirements of the Department of Defense (DoD). This matter was initiated under the qui tam provisions of the FCA by Christopher Craig, Enterprise Security Architect of Georgia Tech’s Cybersecurity Team and Kyle Koza, a former employee and Georgia Tech graduate.
Georgia Tech Research Corp. (GTRC), an affiliate of Georgia Tech, entered into various federal government contracts with DoD. Astrolavos Lab is one of GTRC’s research labs that entered into DoD contracts with the Air Force and Defense Advanced Research Projects Agency (DARPA). The DoD requires its contractors to impose certain cybersecurity controls to protect against cyberattacks that could impact the United States’ economy and national security.
According to the complaint, the Astrolavos lab failed to implement a cybersecurity plan in accordance with the DoD’s requirements. The government specifically alleged that the Astrolavos Lab failed to install, update, and/or run anti-virus and anti-malware tools on its systems. However, Georgia Tech and GTRC submitted a false cybersecurity assessment summary score of 98 out of 100 in December 2020. According to the complaint, the score was false as Georgia Tech did not have a campus-wide IT system and the score did not apply to an IT system of Georgia Tech where research for DoD was performed, possessed, or transmitted. The foregoing score and cybersecurity compliance was a condition of contract award. Accordingly, the government alleges that GTRC knowingly submitted false claims for payment to the United States. Upon announcement of this lawsuit, Special Agent in Charge Darrin K. Jones of the DoD’s Office of Inspector General commented that “[d]eficiencies in cybersecurity controls pose a significant threat not only to our national security, but also to the safety of the men and women of our armed services who risk their lives daily”.
The attorneys at Chilivis Grubman represent clients of all types and sizes in connection to False Claims Act and cybersecurity investigations and litigation. If you need assistance with such a matter, please contact us today.