The Federal Debarment Policy for government contractors require that businesses or subcontractors that are suspended or debarred will not be allowed will not use funds from federal grants, fellowship, cooperative agreements, scholarships, bid on federal contracts or even apply for loans to purchase goods and services. In short, federal debarment policy… Read more »
Under the Federal Anti Kickback Act individuals and companies are prohibited from offering, paying, soliciting or receiving kickback payments for items or services covered by federally funded programs. For example, medical physicians cannot compromise their judgment by improper financial incentives. In a recent Anti-kickback Act case on the DOJ Website, Cardiovascular… Read more »
In service-disabled veteran-owned small business SDVOSB fraud cases, and as a result of Public Law 109-461, the VA is authorized to award SDVOSB sole source contracts and/or set aside contracts for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). From 01/01/2008 to 09/30/2014, the VA OIG Office of Investigations indicted 44 individuals/companies; arrested 40… Read more »
Defending Against the Mail and Wire Fraud Against the Federal Government Can be Tricky Business. Learn About the Risks If You are Subject to an Investigation. When it comes to mail fraud in a federal procurement contract, criminal actions and wire fraud against the federal government, criminal prosecution of contractors,… Read more »
A recent SBA procurement fraud schemes and corruption case resulted in four retired and one active-duty Army National Guard official pleading guilty to their role in procurement fraud crimes under the SBA 8(a) Program. The result and consequences of procurement fraud and corruption ended in the award of millions of dollars… Read more »
Given the increase in government procurement fraud activity, in 2006, the National contract government procurement Fraud Task Force was formed to promote the early detection, identification, prevention, and prosecution of procurement contract fraud. Government contractors are more exposed to investigations and are finding themselves facing more criminal charges and jail time. The… Read more »
It is important to keep up with recent US FCPA cases so that you do not find yourself in a similar situation. In 2014 alone, the Securities and Exchange Commission (“SEC”) has charged major companies, such as Smith & Wesson and Hewlett-Packard, with violating the Foreign Corrupt Practices Act (“FCPA”). … Read more »
On the issue of continuing 8 (a) certification ans suspension due to business integrity issues, on August 14, 2013, the U.S. Small Business Administration (“SBA”) issued a Notice of Suspension to Wichita Tribal Enterprises, LLC (“WTE”). The SBA’s Notice of Suspension from the 8 (a) certification program said that WTE could… Read more »
Anti Kickback Statute Resolving Challenges of Fraud and Penalties The Federal Anti-Kickback Statute, cf. 42 USC1320a-7b(b), is a criminal law making it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal healthcare program,… Read more »
Federal Anti Kickback Statutes of 1986 (AKS) (See 42 U.S.C. § 1320a-7b.) is a federal criminal statute that prohibits government contractors or government employees from engaging in the exchange (or offer to exchange), of anything of value, in an effort to induce (or reward) the referral of business reimbursable by… Read more »