imposition of increased vicarious liability damages under the civil liability pro- vision, however, would not have the same deterrence effect.109 Increased vicari- ous liability damages would not deter kickbacks because the increased liability costs are misdirected and prime contractor cost-benefit analysis is limited under defense contracts.110
Increasing vicarious liability damages will not deter kickbacks because such an approach falsely presumes that prime contractors have actual knowledge of kickbacks.111 Kickbacks on defense contracts are primarily given and re- ceived at the individual level, resulting in prime contractors unknowingly billing the government for kickbacks.112 Subjecting prime contractors to increase