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October 16, 2020 By cs

Former GSA contract specialist sentenced to prison for accepting bribes

A former government contract officer with the General Services Administration (GSA), was sentenced last week to a 21-month prison term on a federal bribery charge stemming from a scheme in which he accepted bribes from government contractors during a six-year period. 

Ronnie Simpkins of Maryland pled guilty to the charge in December of last year.

According to the government’s evidence, from 1989 until May 2019, Simpkins was employed by GSA as a Contract Specialist in procurement related positions, and between August 2013 and May 2019.  From February 2010 to August 2017, Simpkins was assigned to a sub-division of the Federal Acquisition Service (FAS) which oversees the administration of GSA Schedule 70 contracts. “Schedules” are long-term government-wide contracts with commercial companies that provide access to commercial products and services at fair and reasonable prices to the government. “Schedule 70 contracts” provide IT solutions, services, and software to federal, state, and local customer agencies. GSA pre-negotiates the vendors’ pricing, terms, and conditions, to streamline the acquisition process while at the same time providing the best value to the end user agency.

According to court papers, Company A, a Northern Virginia corporation, held a GSA Schedule contract, which it actively advertised to prospective federal agency customers.  To maintain its GSA Schedule contract, Company A was required to have annual sales in excess of $25,000 — a requirement that could be waived by GSA’s administrative contracting officer.  Company A was also required to pay an Industrial Funding Fee (IFF) of 0.75% of all its Schedule sales.  Dating back to 2006, Company A maintained its GSA Schedule contract despite reporting no sales and not paying any IFFs since 2006.  Simpkins oversaw the contract dating back to 2009.

Simpkins admitted that, for approximately six years between 2011 and 2017, he accepted cash, meals, and furniture from two Company A officials to use his position to help Company A maintain its GSA Schedule contract.  Simpkins admitted to meeting the Company A officials over a dozen times at various restaurants in Northern Virginia, the Company A officials’ residences, and other places, often outside of normal GSA business hours and on weekends.  At these meetings, the Company A officials treated Simpkins to meals and gave him cash totaling “thousands of dollars into the teens.”  In July 2016, Simpkins accepted more than $2,000 worth of furniture paid for by the officials.  Simpkins admitted to taking more than $12,000 in cash and furniture from the Company A officials.

Simpkins admitted to using his GSA position to help Company A in exchange for these payments.  Specifically, Simpkins recommended and signed Company A’s contracts with GSA, even though Company A:

  • failed to meet program requirements,
  • deliberately neglected to notify GSA, as he was obligated to do, when Company A’s contract under his supervision no longer met program requirements, and
  • advised Company A about ways to avoid contract cancellation despite failing to meet GSA’s program requirements.

United States District Judge Trevor N. McFadden, who presided over the case, sentenced Simpkins to 21 months in prison, followed by one year of supervised release.  The Court also imposed a $10,000 fine and ordered Simpkins to forfeit $12,108.91.

The case was investigated by the FBI’s Washington Field Office Criminal Division and the GSA’s Office of Inspector General, and prosecuted by the U.S. Attorney’s Office’s Public Corruption and Civil Rights Section.

Source: https://www.justice.gov/usao-dc/pr/former-federal-government-contract-officer-sentenced-prison-accepting-bribes

Filed Under: Government Contracting News Tagged With: abuse, bribe, bribery, conviction, corruption, DOJ, FAS, FBI, felony, fraud, GSA, GSA Schedule, IT, Justice Dept.

February 15, 2020 By cs

State Dept. contracting officer sentenced to prison for bribery, fraud in procurement scheme

A contracting officer with the U.S. Department of State was sentenced yesterday (Feb. 14, 2020) to seven years and three months of imprisonment, to be followed by three years of supervised release, after he was convicted of 13 counts of conspiracy, bribery, honest services wire fraud, and making false statements.

Zaldy N. Sabino, 60, of Fort Washington, Maryland, was sentenced by U.S. District Judge Liam O’Grady after Sabino’s conviction on Oct. 4, 2019.

In addition to his term of imprisonment, Sabino was ordered to pay a $25,000 fine.

According to the evidence at trial, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm engaged in a bribery and procurement fraud scheme in which Sabino received at least $521,862.93 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts.

Sabino concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The Department of State’s Office of Inspector General and the FBI’s Washington Field Office investigated the case.  The Department of Justice Criminal Division’s Public Integrity Section and the U.S. Attorney’s Office Eastern District of Virginia prosecuted the case.

Source: https://www.justice.gov/opa/pr/state-department-contracting-officer-sentenced-prison-bribery-and-procurement-fraud-scheme

Filed Under: Government Contracting News Tagged With: abuse, bribe, bribery, conspiracy, conviction, DOJ, false statements, fraud, Justice Dept., State Dept., waste, wire fraud

November 16, 2018 By AMK

CDC senior contracting officer sentenced for failing to disclose payments from contractor

As a result of his Nov. 8, 2017 indictment, Carlos Smiley was sentenced to federal prison on Nov. 15, 2018 for making false statements in his annual conflict of interest certification. 

Smiley was a long-time federal employee, having served in positions at NASA’s Marshall Space Flight Center in Huntsville, Alabama and at DoD’s Army Aviation Systems Command in St Louis, Missouri.  At the time of his indictment, he was a senior contracting branch chief at the Centers for Disease Control and Prevention (CDC) in Atlanta, and the president of the Atlanta chapter of the National Contract Management Association.

According to U.S. Attorney Byung J. “BJay” Pak, the charges and other information presented in court are:

  • On February 16, 2012 and January 7, 2013, Smiley completed Confidential Financial Disclosure Reports required by his position as a CDC Contracting Officer.  Both times, Smiley answered “no” to the question asking whether he had received outside income.
  • Between September 2011 and January 2012, Smiley received several payments from A-TEK, a Virginia-based holding company that was seeking to do business with the CDC during that time.
  • CDC previously granted Smiley’s request to operate a company called Charisma III, Inc. as an outside business activity. After that, Smiley ostensibly received payments through Charisma III for real estate investment advice.
  • In 2012, A-TEK was awarded a single-source contract for the staffing of CDC field stations overseas.  Smiley signed the contract as the approving contracting officer for CDC.  A-TEK turned down the contract after learning of the relationship between Smiley and a representative of its holding company, who was also an A-TEK employee until fired for his conduct.  Smiley failed to disclose six payments for a total of $30,600.
  • In 2015, CDC investigators confronted Smiley about the payments.  He admitted to receiving them and to having invented the Charisma III officer whose fictitious name appeared on the purported agreement between Charisma III and the holding company for real estate investment advice.

Carlos Smiley of Roswell, Georgia was sentenced to three months in federal prison by U.S. District Judge Thomas W. Thrash, Jr. on November 15, 2018.

Smiley was also sentenced to one year of supervised release and 200 hours community service following his release from prison. He was also fined $5,000.

Smiley was convicted of the charge on July 19, 2018, after pleading guilty to making false statements.

The case was investigated by the Department of Health and Human Services, Office of the Inspector General.

Source: https://www.justice.gov/usao-ndga/pr/cdc-senior-contracting-officer-sentenced-failing-disclose-payments-contractor 

Filed Under: Government Contracting News Tagged With: CDC, conflict of interest, conviction, disclosure, DOJ, false statements, financial disclosure, HHS, indictment, Justice Dept., kickback, outside source of income

March 14, 2018 By AMK

COR sentenced to prison for soliciting $320,000 in bribes from Afghan contractors

A former employee of the U.S. Army Corps of Engineers (USACE) based in Afghanistan was sentenced on Mar. 8, 2018 to 100 months in prison for soliciting approximately $320,000 in bribes from Afghan contractors in return for his assistance in U.S. government contracts.

Mark E. Miller, 49, of Springfield, Illinois was also ordered to serve three years of supervised release following his prison sentence and forfeit $180,000 and a Harley-Davidson motorcycle.  Miller previously pleaded guilty to a one-count information charging him with seeking and receiving bribes.

Miller admitted worked for the USACE from 2005 until 2015, including in Afghanistan from 2009 to 2012, and maintained a residence in Springfield during that time.  From February 2009 to October 2011, Miller was assigned to a military base, Camp Clark, in eastern Afghanistan.  He was the site manager and a contracting officer representative (COR) for a number of construction projects in Afghanistan.

On Dec. 10, 2009, the USACE awarded a contract worth approximately $2.9 million to an Afghan construction company for the construction of a road from eastern Afghanistan to the Pakistani border.  This contract later increased in value to approximately $8,142,300.  Miller oversaw the work of the Afghan company on this road project, including verifying that the company performed the work called for by the contract and, if so, authorizing progress payments to the company by the USACE.

As part of his guilty plea, Miller admitted that, in the course of overseeing the contract with the Afghan company, he solicited from the owners of the company approximately $280,000 in bribes in return for making things easier for the company on the road project, including making sure the contract moved along and was not terminated.  He further admitted that, after the contract was no longer active, he solicited an additional $40,000 in bribes in return for the possibility of future contract work and other benefits.

This matter was investigated by the Federal Bureau of Investigation, the Defense Criminal Investigative Service, the Special Inspector General for Afghanistan Reconstruction, and the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, with assistance from the U.S. Postal Inspection Service, Fort Worth Division.  The Dept. of Justice Criminal Division’s Fraud Section and the U.S. Attorney’s office of the Central District of Illinois prosecuted this case.

Source: https://www.justice.gov/opa/pr/former-employee-us-army-corps-engineers-afghanistan-sentenced-prison-soliciting-approximately

Filed Under: Government Contracting News Tagged With: abuse, Afghanistan, Army Corps of Engineers, bribe, bribery, conviction, corruption, DCIS, DOJ, FBI, felony, Justice Dept., MPFU, SIGAR, USACE

February 26, 2018 By AMK

Bribes and kickbacks at Joint Base Charleston lead to sentencing

U.S. Attorney Beth Drake announced on Feb. 23, 2018 that Barbara Powell was sentenced in federal court in Charleston, South Carolina, for bribery of a public employee, in violation of 18 U.S.C. § 201.   

Powell has been sentenced to 6 months imprisonment, 3 years supervised release, and a $12,500 fine.

The investigation in this case proved the existence of public corruption in construction contracts at the Joint Base in Charleston (JBC).  JBC was formed in 2010 when the Naval Weapons Station and the Charleston Air Force base merged.  As a large and aging military base, JBC hires private companies on a regular basis to renovate and/or build facilities.

Barbara Powell was a Contracting Officer (CO) at JBC, and her duties included awarding and administering construction contracts to private companies on behalf of the federal government.  From 2011 until 2015, Powell solicited and received dozens of bribes from subcontractors at JBC.  The value of the bribes exceeded $15,000.  In return for these bribes, Powell steered projects to some subcontractors to the detriment of other subcontractors, and she forwarded the bid proposals of some subcontractors to other subcontractors that paid her bribes.  Federal COs are prohibited by law from providing confidential pricing information to anyone outside the government.

The case was investigated by the Defense Criminal Investigative Service, the Federal Bureau of Investigation, and the Air Force Office of Special Investigations.

Source: https://www.justice.gov/usao-sc/pr/goose-creek-woman-sentenced-receiving-kickbacks

Filed Under: Government Contracting News Tagged With: acquisition workforce, AFOSI, bribery, Charleston AFB, conviction, corruption, DCIS, DoD, DOJ, FBI, fraud, JBC, Joint Base Charleston, Justice Dept., kickback

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