February 1, 2013
The Justice Department just announced the entry of pleas by two employees of a machine products company in Georgia: Thomas Cole, the General Manager, and Fredrick Simon, a sales order processor. Cole and Simon pleaded guilty to bribing a public official working for Maintenance Center Albany (MCA), a military organization at the Marine Corps Logistics Base Albany, in order to get contracts…
January 25, 2013
The United States Court of Appeals for the Fifth Circuit recently vacated and remanded a $43 million restitution judgment against two doctors who pled guilty to defrauding Medicare, Medicaid, and thirty private insurance companies by billing for pain injections that they never actually administered. United States v. Sharma, Nos. 11-20102, 11-20167, 11-20204 (5th Cir. Dec. 20, 2012). …
January 17, 2013
The Government disagrees. Policy statements from the current administration regarding corporate officer liability have warned of a more aggressive stance in prosecution of corporate officers under the Responsible Corporate Office Doctrine. Though not used extensively in recent years, the Doctrine is well known as a result of the United States v. Park, 421 U.S. 658 (1975), in which…
January 15, 2013
Montgomery, Alabama construction company Caddell Construction Co. (“Caddell”) recently agreed to a non-prosecution agreement in which the company will pay a $2 million penalty to resolve Department of Justice (DOJ) allegations that the company made false statements in connection with the Mentor-Protégé and Indian Incentive Programs.
Caddell worked on three military construction projects at Fort…
December 19, 2012
A 70 year old man was recently sentenced to over seven years in federal prison for falsely claiming to be a service-disabled veteran and war hero in order to obtain nearly $6.8 million dollars in federal contracts set aside under the Service-Disabled Veteran-Owned Small Business (SDVOB) Program. This harsh sentence is yet another example of the Federal Government’s increased focus on…
December 17, 2012
In United States v. Rabinowitz, No. 11-CR-230, Jerome Rabinowitz was indicted in the Southern District of Ohio, Eastern Division on multiple counts of mail fraud, wire fraud, money laundering, and false statements. Mr. Rabinowitz was the owner of J&W Technologies, LLC (“J&W”), a New York corporation and DOD contractor that sold and supplied parts to the DOD. The items at issue included a…
December 14, 2012
As detailed in a recent report issued by the Government Accountability Office (GAO), federal agency efforts to address fraud, waste, and abuse in small business research and development contracts are continuing to develop into more robust programs that remain agency-specific but will increasingly reflect a common set of strategies.
The GAO prepared the report, “Small Business Research Programs:…
November 21, 2012
Taxpayers Against Fraud recently released information about fiscal year 2012 recoveries under the False Claims Act. The $9 billion collected in 2012 doubled that collected in 2011. The 2012 sum includes criminal fines and civil settlements from both federal and state FCA cases. The largest settlements were from the pharmaceutical and banking industries. Notably, 28 of the 30 largest settlements…
July 23, 2012
On June 27, 2012, the United States Court of Appeals for the Eleventh Circuit affirmed the convictions and four-year prison sentence of Ralph Merrill, an investor in AEY and a munitions dealer based in Miami Beach, Florida. Merrill was charged with concealing from the government that the millions of rounds of ammunition AEY sold pursuant to a $298 million dollar Army contract were actually…
July 20, 2012
With all the media focus on the Affordable Care Act’s (“ACA”) regarding the individual mandate provision and the political impact of the recent Supreme Court ruling upholding the law on the November elections, a significant portion of the law has gone virtually without discussion – the enhanced enforcement tools in the ACA which will impact the health care industry for many years.
The ACA provides…
March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
February 1, 2013
The Justice Department just announced the entry of pleas by two employees of a machine products company in Georgia: Thomas Cole, the General Manager, and Fredrick Simon, a sales order processor. Cole and Simon pleaded guilty to bribing a public official working for Maintenance Center Albany (MCA), a military organization at the Marine Corps Logistics Base Albany, in order to get contracts…
January 25, 2013
The United States Court of Appeals for the Fifth Circuit recently vacated and remanded a $43 million restitution judgment against two doctors who pled guilty to defrauding Medicare, Medicaid, and thirty private insurance companies by billing for pain injections that they never actually administered. United States v. Sharma, Nos. 11-20102, 11-20167, 11-20204 (5th Cir. Dec. 20, 2012). …
January 17, 2013
The Government disagrees. Policy statements from the current administration regarding corporate officer liability have warned of a more aggressive stance in prosecution of corporate officers under the Responsible Corporate Office Doctrine. Though not used extensively in recent years, the Doctrine is well known as a result of the United States v. Park, 421 U.S. 658 (1975), in which…
January 15, 2013
Montgomery, Alabama construction company Caddell Construction Co. (“Caddell”) recently agreed to a non-prosecution agreement in which the company will pay a $2 million penalty to resolve Department of Justice (DOJ) allegations that the company made false statements in connection with the Mentor-Protégé and Indian Incentive Programs.
Caddell worked on three military construction projects at Fort…
December 19, 2012
A 70 year old man was recently sentenced to over seven years in federal prison for falsely claiming to be a service-disabled veteran and war hero in order to obtain nearly $6.8 million dollars in federal contracts set aside under the Service-Disabled Veteran-Owned Small Business (SDVOB) Program. This harsh sentence is yet another example of the Federal Government’s increased focus on…
December 17, 2012
In United States v. Rabinowitz, No. 11-CR-230, Jerome Rabinowitz was indicted in the Southern District of Ohio, Eastern Division on multiple counts of mail fraud, wire fraud, money laundering, and false statements. Mr. Rabinowitz was the owner of J&W Technologies, LLC (“J&W”), a New York corporation and DOD contractor that sold and supplied parts to the DOD. The items at issue included a…
December 14, 2012
As detailed in a recent report issued by the Government Accountability Office (GAO), federal agency efforts to address fraud, waste, and abuse in small business research and development contracts are continuing to develop into more robust programs that remain agency-specific but will increasingly reflect a common set of strategies.
The GAO prepared the report, “Small Business Research Programs:…
November 21, 2012
Taxpayers Against Fraud recently released information about fiscal year 2012 recoveries under the False Claims Act. The $9 billion collected in 2012 doubled that collected in 2011. The 2012 sum includes criminal fines and civil settlements from both federal and state FCA cases. The largest settlements were from the pharmaceutical and banking industries. Notably, 28 of the 30 largest settlements…
July 23, 2012
On June 27, 2012, the United States Court of Appeals for the Eleventh Circuit affirmed the convictions and four-year prison sentence of Ralph Merrill, an investor in AEY and a munitions dealer based in Miami Beach, Florida. Merrill was charged with concealing from the government that the millions of rounds of ammunition AEY sold pursuant to a $298 million dollar Army contract were actually…
July 20, 2012
With all the media focus on the Affordable Care Act’s (“ACA”) regarding the individual mandate provision and the political impact of the recent Supreme Court ruling upholding the law on the November elections, a significant portion of the law has gone virtually without discussion – the enhanced enforcement tools in the ACA which will impact the health care industry for many years.
The ACA provides…
March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
