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Archive for the ‘Government Contracts’ Category
Tuesday, August 31st, 2010
Furuno USA, settled a qui tam lawsuit against it for supplying electronic equipment to the US Coast Guard and Navy that was manufactured in China in violation of the Federal Trade Agreements Act. The government claimed that Furuno continued to provide Chinese navigation equipment even after it was advised that the equipment could not be manufactured in China. In addition to the nearly $700,000 settlement, Furuno agreed to pay $95,000 in attorney fees to the relator. The relator’s share of the settlement is approximately $159, 864.
For more information se: http://wireupdate.com/wires/9085/us-reach-695000-settlement-with-furuno-usa-in-dispute-over-navigation-equipment/
Posted in Federal False Claims Act, Government Contracts | No Comments »
Wednesday, July 7th, 2010
Oracle Corp., the world’s second- biggest software maker, faces a lawsuit brought by a whistleblower and the U.S. Justice Department claiming it overcharged the government by tens of millions of dollars. Oracle failed to disclose discounts that it gave its most favored commercial customers, according to a complaint in federal court in Alexandria, Virginia.
Oracle, like thousands of others vendors, sold products to the United States Government through Multiple Award Schedule agreements, which are negotiated by the General Services Administration (GSA). Once companies secure such contracts, government agencies may order products on GSA schedules without going through elaborate procurement programs. In return, the government is required by federal regulation to receive discounts equal to or greater than the discount given to that firm’s most favored customer, and contractors are supposed to report such discounts to the government.
The complaint alleges “various schemes Oracle used to give commercial customers deeper discounts than the GSA schedule provided.” Taxpayers “overpaid for each Oracle software product by the amount of discounts and reductions from other commercial pricing practices that should applied to each such purchase,” according to the complaint.
In October 2006, Oracle paid $98.5 million to settle a False Claims Act lawsuit over GSA Multiple Award Schedule pricing disclosures at PeopleSoft Inc., a software maker. Oracle bought PeopleSoft in January 2005 for $10.3 billion. PeopleSoft was accused of understating the discounts it provided to commercial customers, including one that got up to 74 percent off the listed price.
The case is U.S. v. Oracle Corp., 1:07-cv-00529, U.S. District Court, Eastern District of Virginia (Alexandria).
Posted in Federal False Claims Act, Government Contracts | No Comments »
Friday, March 12th, 2010
The Houston Independent School District has agreed to relinquish millions of dollars in requests for federal funds and to pay a total of $850,000 as part of a civil settlement relating to allegations that the school district violated the False Claims Act in connection with the Federal Communications Commission (FCC) E-Rate Program, the Justice Department recently announced.
The E-Rate program, which Congress created in the Telecommunications Act of 1996, provides funding for needy schools and libraries to connect to and utilize the Internet. Under the program, which is funded by fees collected from telephone users, schools apply for funds to pay for hardware and monthly connectivity service fees. The FCC oversees the E-Rate program.
The United States contended that the Houston Independent School District provided false information to the E-Rate program and otherwise violated the program’s requirements by engaging in non-competitive bidding practices for E-Rate contracts. The United States further alleged that school district officials received gratuities from technology vendors, including trips, meals and loans.
This settlement resolves a very interesting, novel False Claims Act case involving an FCC Program that has not received much attention prior to this lawsuit. This settlement could cause additional suits to be filed against other school districts, as the public beomes more aware of schemes in impacting this Program.
Posted in Federal False Claims Act, Government Contracts, Investigations | No Comments »
Tuesday, December 8th, 2009
The U.S. Government Accountability Office (GAO) released a report on November 19 finding that contractors falsely claiming to be run by disabled military veterans have defrauded the government of at least $100 million since 2003. Congress established goals for the distribution of a certain portion of federal contracts to small businesses that are owned and operated by vets injured in the course of active duty. The Small Business Administration (SBA) administers these contracts, and is tasked with the responsibility of both determining whether the businesses to which they dole out the funds meet eligibility requirements and imposing fines if the firms misrepresent their status.
Responding to the report, however, the SBA contends that the contracting officials at the various federal agencies seeking the contracts bear responsibility for determining eligibility. Falling through the cracks, of course, is fraud committed in the procurement of enormous federal contracts in which the companies have misrepresented themselves.
The GAO cited numerous abuses by a number of unnamed companies, including the procurement of a contract by a Nevada company to maintain FEMA trailers intended for the victims of Hurricane Katrina. The firm was discovered to have falsely misrepresented that it was owned and operated by disabled vets. Nevertheless, it was not required to repay the $7.5 million it had already received under the program, and is not prohibited from soliciting future work from the government.
Another $900,000 contract to provide furniture at an Air Force base in Florida was simply passed on from a disabled veteran to his wife and then on to an unrelated furniture company that did not meet the eligibility requirements. No fines were levied against anyone involved.
Congress has established a benchmark for the distribution of approximately 3% of federal contracts to disabled veterans, or about $12 billion. This standard has yet to be met, but, for example, in 2007, $4 billion was administered through this program. With this much at stake, the field is ripe for abuse. The GAO has therefore recommended that the SBA develop stiffer penalties for fraud, including levying fines, suspending contracts and prohibiting the award of future contracts. Further, the GAO has urged that the Veterans Affairs Department’s database of disabled veteran-owned firms be expanded and access provided to other contracting agencies to allow for easier determination of eligibility. The present process is a self certification that does nothing to detect or avoid fraud. Whistleblower suits might be another avenue to combat any fraud that is ongoing and that continues to diminish the value and benefit of a program aimed to support our wounded veterans.
For more information, the GAO report can be found at: http://www.gao.gov/new.items/d10255t.pdf
Posted in Federal False Claims Act, Government Contracts | No Comments »
Friday, November 20th, 2009
The US Department of Justice filed a lawsuit under the False Claims Act against defense contractor Kaman Dayron, Inc. for allegedly substituting non-conforming parts in sophisticated ignition devices supplied in “bunker buster” bombs. The lawsuit contends that Kaman Dayron knowingly substituted non-conforming parts that might cause the ignition devices to fire prematurely, causing warhead misfires.
The case is being prosecuted under the National Procurement Fraud Initiative, which was created in 2006 to promote the early detection and prosecution of procurement fraud in government contracting for national security.
More information can be found at the following link: http://www.earthtimes.org/articles/show/united-states-sues-kaman-dayron-inc-under-false-claims-act,1033336.shtml
Posted in Defense Industry, Federal False Claims Act, Government Contracts | No Comments »
Tuesday, October 6th, 2009
The Government Accountability Office (”GAO”) recently issued a report finding widespread problems with the quality of audits conducted by the Defense Contract Audit Agency (”DCAA”). The DCAA under the Department of Defense (DOD) Comptroller plays a critical role in defense contractor oversight by providing auditing, accounting, and financial advisory services in connection with DOD and other federal agency contracts and subcontracts.
Last year, GAO found numerous problems with DCAA audit quality at three locations in California, including the failure to meet professional auditing standards. In this latest report, GAO found audit quality problems at DCAA offices nationwide, including compromise of auditor independence, insufficient audit testing, and inadequate planning and supervision. GAO found DCAA’s management environment and quality assurance structure were based on a production-oriented mission that put DCAA in the role of facilitating DOD contracting without also protecting the public interest.
To address these system-wide problems at DCAA, the GAO made a number recommendations ranging from possible Congressional action to 15 suggested changes at the DCAA that could be implemented by, or through, the Secretary of Defense.
A copy of the GAO Report, 09-468, can be viewed on the Internet at http://www.gao.gov/new.items/d09468.pdf
Posted in Defense Industry, Government Contracts, Investigations | No Comments »
Monday, October 5th, 2009
The United States Government has established a new website that allows citizens to track stimulus spending under the Recovery Act. This interactive website allows stimulus spending to be tracked by state and/or zip code. The website also contains links to reports by the Government Accountability Office (”GAO”), instructions for reporting fraud, as well as other resources and information about federal stimulus spending.
This interesting new Government’s website can be found on the Internet at www.recovery.gov.
Posted in Financial Industry, Government Contracts, Investigations | No Comments »
Monday, October 5th, 2009
Welcome to the False Claims Act – Whistleblowers Blog. The Federal and State Governments spend trillions of dollars each year to fund a wide variety of programs and to purchase vast amounts of goods and services. Some of the larger government programs include: Medicare, Medicaid, Department of Defense-Military Spending, the Troubled Assets Relief Program (”TARP”), Federal Emergency Management Agency (”FEMA”) Spending, Department of Education Grants; Department of Energy Grants and Mining and Gas Royalties; and General Services Administration (”GSA”) Spending.
Each of these government programs is a frequent target for fraudulent schemes and false claims. The Government does not have the resources necessary to protect every dollar of taxpayer spending. The Government has come to rely upon Whistleblowers, often referred to as “Qui Tam Relators,” to blow-the-whistle on businesses and individuals who attempt to defraud the Government.
This blog is devoted to providing information and resources to those interested in: whistleblowers; fraud by government contractors; the Federal False Claims Act; State False Claims Acts; Government Investigations; Qui Tam Actions; Qui Tam Relators; Pharmaceutical Industry Fraud; Defense Contracting Fraud; Healthcare Fraud; Financial Industry Fraud; Construction Industry Fraud; Energy Industry Fraud; Grant Fraud; Disaster Recovery Fraud; and Government Procurement Fraud.
We welcome you to this Blog, and hope that you find the information and resources useful and enlightening.
Posted in Construction, Defense Industry, Federal False Claims Act, Financial Industry, Government Contracts, Healthcare, Investigations, Pharmaceuticals, State False Claims Acts | No Comments »
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