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Government Contracts Monitor

Fraud

Contractor Jailed for Cheating the Disadvantaged Small Businesses Program

Michael Dunkel was sentenced recently to a 5-year prison term, followed by 2 years of supervised release, for fraudulently obtaining more than $4.4 million in government funds that should have gone to disadvantaged small businesses contractors.

Dunkel’s scheme, as set forth in the court documents, was fairly straightforward.  According to those documents, Dunkel learned that Keith Hedman…

False Claims Act Recoveries – No Longer Just a Federal Affair

For more than eight years – since the Deficit Reduction Act of 2005 – Congress has been incentivizing states to enact anti-fraud legislation modeled after the federal False Claims Act (FCA).  While many states long ago enacted civil false claims acts that focused on Medicaid fraud, at least as of 2005 few states had broader statutes modeled on the federal FCA.  This has changed and…

Short Takes: DOJ Recovers $3.8 Billion from False Claims Act Cases in Fiscal Year 2013

In a recent press release, the Justice Department announced that it secured $3.8 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2013.  The Department stated it was “the second largest annual recovery of its type in history.”

Although health care fraud continued to be the dominant area of recovery for the…

Update: Prison for Two and Probation for Two in Navy Kickback Scheme

As an update to the article posted here about former Navy Engineer Ralph Mariano, four additional defendants were sentenced for their roles in the scheme.  Anjan Dutta-Gupta, founder of the technology company Advanced Services for Tomorrow (“ASFT”), was sentenced to three years in prison and ordered to pay $17.9 million in restitution.  During the sentencing proceeding, attorneys for…

Former Navy Engineer Is Sentenced to 10 Years in Prison and Fails to Get Full Credit for Pleading Guilty

In a recent case, a former Navy Engineer was sentenced to 10 years in prison, three years of supervised release, $10,000 fine and $17,957,000 in restitution in connection with a guilty plea entered earlier this year to conspiracy to commit theft of government property, theft of government property, and tax evasion.

The case, United States v. Ralph Mariano, 1:12-CR-00061-ML (D.R.I. 2013), involved…

Billing for 45 Hours of Work in One Day May Require a Time Machine

We typically report on false claims related to overbilling by government contractors. But every once in a while, there’s a case that shows contractors are not the only culprits – lawyers can overcharge the government too.

In Clay County, Iowa, an attorney who contracted with the State Public Defenders Office to provide representation to indigent defendants allegedly overbilled the state $177,755…

Next Time You Hear Someone Request a “Price Check on Aisle 5,” You’ll Wonder What They’re Really Asking For

In a recent criminal case, a former Boeing Procurement Officer and the subcontractors he worked with were charged with mail and wire fraud in connection with the government contracts version of an “insider trading” scheme. In United States v. Anderson, et. al. No. 4:13-CR-403, U.S. District Court for the Eastern District of Missouri, the government alleged that Deon Anderson, Boeing’s former…

“Be Cautious With Emails” is Good Advice, Especially from a Criminal Defendant Under Arrest Who Allegedly Bribed a Navy Commander

In a recent case that received national media attention, a Commander and Captain-select in the U.S. Navy was arrested on an allegation of conspiracy to commit bribery in connection with lucrative port contracts overseas.  The case is United States v. Leonard Glenn Francis and Michael Vannek Khem Misiewicz, No. 13-MJ-03457, United States District Court for the Southern District of California…

Note to Self: Make Sure You Actually Have a Contract Before You File a Claim

A recent Armed Services Board of Contract Appeals (ASBCA) case serves as a reminder of the central role that contract performance can play in determining – or undermining – entitlement under a contractor’s claim.  It also presents a laundry list of ill-advised actions that contractors should avoid.

TTF, L.L.C., ASBCA Nos. 58495, 58516 (Sept. 3, 2013), involved a total HUBZone set-aside for…

When Your Government Contract Is Based On Fraud, Don’t Bother Trying To Submit A Claim

Every once in a while you come across a case so absurd, that you just have to ask “what were they thinking?”  Appeal of Dongbuk R&U Engineering Co., Ltd., ASBCA No. 58300 (Aug. 13, 2013) is one of those cases.  One who fraudulently induces the government to enter into a contract should have no expectation of receiving payment on that contract.

The U.S. Army Contracting Command Korea…

Wide-Ranging Army National Guard Recruiting Scheme Continues in Texas

In an indictment recently unsealed in the Southern District of Texas, four individuals were charged in a wide-ranging conspiracy to fraudulently obtain recruiting bonuses in connection with the Army National Guard Guard Recruiting Assistance Program (G-RAP).  So far, 25 defendants have been charged in San Antonio and Houston areas of Texas, and 11 have pleaded guilty, including an Army…

Competitors Are Continuing to Police One Another on Compliance Issues

More and more, government contractors have their competitors to blame when they find themselves on the wrong end of government enforcement efforts.  Two recent cases involving General Services Administration (GSA) contractors underscore the dangers of non-compliance in today’s government marketplace – and how easily your business rivals can become whistleblowers.

In the first, contractor…

 

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