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Government Contracts Monitor

Investigations

China's Continuing Threat

Pentagon leaders have been speaking out, increasingly, regarding the risks to U.S. military operations created if and when Chinese technology is used in any military related 5G wireless telecommunications networks. Specifically, officials (former and current) are warning that using Chinese firms (for example, Huawei) to outfit military networks creates a high risk ... indeed a probability ... of…

A Preference for U.S. Goods and Services: Buy American Receives A Booster Shot

On January 31, 2019 President Trump signed yet another Executive Order addressing Buy American issues: Buy American, Hire American [here]. This Order requires that federal agencies purchase U.S. goods and services in any and all infrastructure projects including, interestingly, cybersecurity projects. Among other things, this recent Order underscores the Trump Administration’s policy of enforcing…

Short Take: Individual Pleads Guilty to Defrauding More than 1,000 Companies, Promising Contracting Preferences with FEMA

The Justice Department recently announced that an individual, Michael Pirolo, residing in Palm Harbor, Florida, has pleaded guilty to wire fraud in connection with a telemarketing scheme promising, for a $500 one-time fee. to “register” companies with the Federal Emergency Management Agency (FEMA} to enable them to receive FEMA contracting preferences. Approximately 1,200 victim-companies were…

Don’t Invoice the Government for What You Haven’t Done

Last week, the Department of Justice (DOJ) announced that it had reached a settlement with Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.). In the press release, DOJ announced that the contractors have agreed to pay $125 million to resolve allegations under the…

Short Take: GSA Releases Audit Report of its Purchase Card Program

The General Services Administration (GSA) performed a routine annual audit of its Government Purchase Card (GPC) program, analyzing transactions from Fiscal Year 2015 (FY15). Under the GPC program, cardholders procured $27.5 million worth of goods and services for GSA in FY15, down nearly 8 percent from the previous year’s use. Overall card use has decreased every year since 2011, when GSA card…

Short Take: DLA Officials Sentenced to 10 & 7 Years Respectively in Freight-Hauling Contracts Bribery Scheme

The Justice Department recently announced that a former agent for a large national trucking company has pled guilty to paying bribes totaling at least $120,000 over a six-year period from 2006-2012 to two officials in the Defense Logistics Agency (DLA) Traffic Office at the Marine Corps Logistics Base (MCLB) in Albany, Georgia.  According to the Press Release, the two DLA officials…

Short Take: GSA OFFICIAL JAILED

The Justice Department just announced that Cashman, a Building Manager for the General Services Administration (GSA), received a 4½ year sentence (16 months of which will be in custody and the balance in supervised release), for demanding and accepting bribes from government contractors and stealing property owned by the United States. Justice Department Announcement October 23, 2015. During the…

Short Take: You Can’t Buy a Federal Contract

Sandia Corporation, a wholly-owned subsidiary of Lockheed Martin, has agreed to pay $4.8 million to resolve allegations that it violated the Byrd Amendment and the False Claims Act by using federal funds for activities related to lobbying Congress and federal agencies to obtain a renewal of its Management and Operating contract with the Department of Energy (DOE) to operate the Sandia National…

Catch Me If You Can: Extradition of FCPA Violators

In this era of Foreign Corrupt Practices Act (FCPA) enforcement, the Department of Justice (DOJ) has a less than perfect track record of successful prosecutions against corporate defendants.  As reported here previously, many of these cases are settled using resolution mechanisms that are not subject to any meaningful judicial scrutiny.  Another problem – one that does not immediately…

Failure to Credit Rebates and Discounts? False Claims Act Violation

PC Specialists Inc. d/b/a Technology Integration Group (TIG), will pay $5.9 million to settle civil allegations that the company inflated the price of computers sold through another company to the National Nuclear Security Administration (NNSA).  TIG buys computers and other technology products for resale.

For 10 years – from 2003 to 2013 – TIG sold Dell computers to Sandia Corporation for…

Short Take: Take a Lesson from Macbeth – Greed Does Not Pay

An active duty first class sergeant in the Army National Guard official, Jason Rappoccio, has been sentenced to 42-months in prison for taking a $30,000 bribe.  That means he was paid approximately $700 for each month he’ll now spend behind bars. 

Rappoccio had responsibility for awarding Army National Guard marketing and advertising contracts.  Rappoccio accepted the bribe from…

Foreign Corrupt Practices – Contractors Getting Off Too Light or DOJ Coming On Too Heavy?

Since September 2011, the Department of Justice (DOJ) has tried and failed numerous times to meet its burden of proof in Foreign Corrupt Practices Act (FCPA) enforcement actions.  These cases have been referred to by some as “debacles”.  Perhaps that helps explain why the DOJ recently and somewhat surprisingly announced its settlement of a significant FCPA case with Louis Berger…

 

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