Buy American Act Fraud: Contractor To Pay $3 Million

A government contractor will pay a total of $3 million to resolve civil and criminal allegations that it violated the Buy American Act by using non-compliant foreign materials on federally funded construction projects–and falsified documents in an attempt to hide its violations.

According to a Department of Justice Press release, Novum Structures LLC not only will pay $3 million, but will be debarred from federal contracting.

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DBE Fraud: $5 Million Settlement In Pass-Through Case

A large business has agreed to pay nearly $5 million to resolve False Claims Act allegations that it participated in a “pass-through” scheme designed to take advantage of the Department of Transportation’s Disadvantaged Business Entity program.

According to a Department of Justice press release, HD Supply Waterworks conspired with subcontractors to list a now-defunct Native American-owned company as a subcontractor, when in fact the subcontractor’s work was passed through to Waterworks.

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8(a) Fraud: 21-Month Prison Sentence In Pass-Through Case

The owner of a former 8(a) program participant has been sentenced to 21 months in prison in connection with an 8(a) program “pass-through” scheme.

Under the plea agreement, the former 8(a) program owner also agreed to three years of supervised release and the forfeiture of $554,541.07.

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Procurement Fraud: Couple Pleads Guilty to $30 Million Scheme (And More)

A Maryland couple has pleaded guilty to defrauding the government in connection with more than $30 million in set-aside contracts.

And, apparently not content with “mere” procurement fraud, the couple has also entered guilty pleas to charges of fraud under the Service Contract Act and tax evasion.

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Supreme Court Will Hear Kingdomware SDVOSB Dispute

The U.S. Supreme Court has agreed to hear an appeal filed by Kingdomware Technologies, Inc.

News outlets are reporting that the Supreme Court will take on the question of whether the VA’s “Veterans First” rules permit the VA to circumvent SDVOSBs by using the Federal Supply Schedule.  The case is an appeal from a 2014 decision of the U.S. Court of Appeals for the Federal Circuit, in which a three-judge panel ruled 2-1 in favor of the VA.

The Supreme Court grants only a small fraction of the petitions for certiorari filed with it, so just getting in the courthouse door is a victory of sorts for Kingdomware.

Much more on the pending Supreme Court case as I get the details.

Anti-Kickback Act Settlement Costs Contractor $2.72 Million

A New York contractor has agreed to pay $2.72 million to resolve claims that it violated the Anti-Kickback Act and False Claims Act in connection with its prime contract work on an EPA facility.

According to a Department of Justice press release, Sevenson Environmental Services Inc. accepted more than $1.6 million in kickbacks from six subcontractors, then passed the majority of those kickbacks through to the EPA.

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8(a) Fraud: Guilty Plea In Pass-Through Case

A California man faces up to 20 years in prison after pleading guilty to 8(a) fraud charges.

According to a Department of Justice press release, Wesley Burnett admitted that his non-8(a) companies performed all of the work required under various 8(a) set-aside contracts.  And if the pass-through scheme wasn’t enough, Burnett also admitted to falsely self-certifying his companies as SDVOSBs and SDBs, resulting in additional unjustified contract awards.

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