Government Contracts MonitorInvestigationsIf You See Smoke, Check for FireNovember 18, 2014 Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of… Short Take: Too Much Knowledge Can Be a Disadvantage: Fraudulent Receipt of Confidential Government InformationNovember 4, 2014 A 54-year old Virginia executive, Mark Farmer, was indicted in October for allegedly providing things of value to the former director of two Ohio Veterans Affairs (VA) Medical Centers. The alleged quid pro quo was that, in exchange for these items of value, the VA director provided confidential information to Farmer about various VA construction projects. The charges in the… Government Contractors: Beware of the “Honey Trap”March 27, 2013 A pinch of romance, a secret international rendezvous, forged identities, and a splash of classified documents – sound like a recipe for the latest Hollywood spy thriller? It’s actually a recent federal criminal complaint filed against a former Army Reserve Lieutenant Colonel – and it’s equally as satisfying. In United States v. Benjamin Bishop, No.… “YOU AIN’T GOT NOTHIN’ ON ME!”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… Truth or Dare: The Benefits of Voluntary Disclosure and Cooperation in False Claims InvestigationsJanuary 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… “I got it fixed. I’m so sneaky” May Not Be the Best Text for an FBI Agent to Send Regarding a Criminal Investigation of his FriendNovember 19, 2012 In a recent federal criminal case pending in the United States District Court for the District of Utah, United States v. Robert Lustyik, Michael Taylor, and Johannes Thaler, No. 12-CR-00645 (D. Utah filed Oct. 18, 2012), a former FBI Agent and a former Green Beret in the U.S. Special Forces were indicted on multiple charges related to a criminal investigation concerning a military contract in… Making the Right Decision about Internal InvestigationsOctober 26, 2012 In today’s environment of constantly changing regulations and the increasing drum beat of eliminating real or imagined “fraud and abuse,” businesses are often hyper-concerned about compliance issues. Once a company has identified a possible issue, the question becomes whether or not to conduct an investigation and, if so, what type of investigation to conduct. The initial concerns often… Vigilance Required, Even When Cooperating With A Government InvestigationMay 1, 2012 In the event of simultaneous civil and criminal actions involving your company, vigilance is still required to maintain attorney-client privilege. To the extent that you agree to waive the attorney-client privilege for purposes of the Government investigation to garner favor or for another valid reason, remember that such a waiver will likely result in the waiver for any other… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.