If you were somehow still wondering whether small businesses really need to be concerned about the affiliation rules in the Small Business Administration (SBA) regulations, the answer is a resounding “Yes.” Furthermore, running afoul of those rules can easily lead to liability under the False Claims Act (FCA), as most recently demonstrated by an Oklahoma
Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE
Fraud, False Claims, and False Statements
PPP Forgiveness Application Certification May Lead to Enforcement Headaches
By Susan Ebner on
I. Introduction
The Paycheck Protection Program (PPP) was enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. Unfortunately, the path to providing PPP loan relief has not been smooth. Instead, it has been paved with uncertainty. While the CARES Act laid out specific requirements for PPP…
Bribery, Gratuities, and Kickbacks, Oh My!
By Judith Araujo on
On December 12, 2019, the Department of Justice (DOJ) announced that a former civilian employee of the U.S. Army is being prosecuted by the DOJ’s Criminal Division’s Fraud Section. The former employee, Ephraim Garcia, worked in the Army’s Directorate of Public Works, where his job duties related to the solicitation, award and management of government …
Procurement Fraud Is Alive and Well—and Being Punished
By Eric Whytsell on
The recent guilty plea of a furniture company sales executive provides a timely reminder that contractors continue to engage in procurement shenanigans–and continue to get caught. In such circumstances, crime definitely does not pay.
On June 10, 2019, the Department of Justice announced that Steven Anstine of Overland Park, Kansas, pled guilty in federal District…
SCOTUS False Claims Act Statute of Limitations Decision Looms Large
By Benjamin Eastburn on
As most federal government contractors know, the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–33, can be a trap for the unscrupulous. The penalties associated with FCA violations can be steep, and the myriad other consequences (including debarment) can create an existential crisis. Government contractors would do well to pay attention to the FCA’s latest…