felony | The Contracting Education Academy

March 17, 2021 By cs

A case study of the government’s struggle to police procurement fraud

On January 5, the Pentagon’s Defense Logistics Agency (DLA) awarded a contract worth up to $33 billion over 10 years to a privately held equipment supplier called Atlantic Diving Supply, Inc., or ADS.

Only small businesses were legally permitted to bid on the contract, and ADS has been accused of defrauding the Pentagon by falsely claiming to be a small business. According to the most recent official tally of top government contractors, ADS is ranked as the 24^th largest federal contractor in fiscal year 2019 with more than $3 billion in sales and ADS is the only “small business” among the top 50 that year.

ADS’s gargantuan new award for work on a Pentagon logistics program landed after the company’s majority owner, Luke M. Hillier, personally agreed to pay $20 million in 2019 to settle civil charges that his company defrauded the same program by falsely claiming to be a small business, among other accusations. An ADS spokesperson told the Project On Government Oversight (POGO) that Hillier is “unavailable for comment” and emails to him went unanswered.

In the months before Hillier’s settlement, three non-ADS executives including a former state politician pleaded guilty in a felony scheme. According to the Justice Department, Hillier — referred to as “Person Y” in court records — allegedly created the scheme to allow ADS to benefit from contracts set aside by law for small businesses owned by socially and economically disadvantaged individuals, often women- and minority-owned ventures. Companies controlled by those non-ADS executives then allegedly would partner with ADS to perform work on the contracts. The arrangement allegedly allowed ADS to benefit even though ADS is mostly owned by Hillier and thus was not eligible to bid on the contracts directly.

Keep reading this article at: https://www.pogo.org/investigation/2021/02/how-a-small-business-kingpin-wins-billions-in-defense-contracts/

November 30, 2020 By cs

Contractor admits to giving gifts to USDA officials to influence contract awards and obstructing federal grand jury investigation

The former vice president and CEO of Communications Resource, Inc. (CRI), has pled guilty in federal court in the District of Columbia to one count of conspiracy to violate the Procurement Integrity Act and one count of obstruction of justice.

According to court papers, Eric Schneider of Virginia admitted to giving gifts to multiple officials at the U.S. Department of Agriculture (USDA) to influence the award of contracts worth over $19.2 million to CRI and another company he controlled.

Schneider admitted to giving USDA officials Corvette wheels, concert tickets, PGA tour tickets, meals, alcohol, strip clubs, parking, concierge medical services, prescription drugs, and other cash tips.
Schneider further admitted that, as part of the conspiracy, he drafted or instructed employees to draft procurement documents in such a way as to favor the award of a multi-million dollar contract to CRI.
Schneider then provided the documents to a USDA official to whom he provided gifts, for use in the procurement process as if they had been prepared by the USDA.
Schneider also admitted to directing two of his company’s employees to destroy documents responsive to a federal grand jury subpoena.

Schneider pled guilty in U.S. District Court for the District of Columbia. A sentencing date has not yet been set. The maximum penalty for conspiracy is five years in prison and a fine of not more than $250,000 or twice the pecuniary gain or loss of the offense. The maximum penalty for obstruction of justice is ten years of imprisonment.

The Washington Field Office of the Federal Bureau of Investigation, and the Beltsville Field Office of the United States Department of Agriculture, Office of the Inspector General (OIG) investigated the case, along with assistance from the Department of Health and Human Services OIG, the Department of State OIG, and the Small Business Administration OIG.

Source: https://www.justice.gov/usao-dc/pr/usda-contractor-admits-giving-gifts-usda-officials-influence-award-contracts-and

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

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

February 26, 2016 By AMK

Effective today, COs prohibited from making awards to companies with felonies or delinquent taxes

The Federal Acquisition Regulation has been updated to “prohibit the Federal Government from entering into a contract with any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.”

This rule takes effect February 26, 2016.

Contractors responding to federal solicitations are now required to state in their offers to the government whether they are a corporation with: 1) a delinquent federal tax liability or 2) a felony conviction under federal law. When an offeror provides “an affirmative response” in connection with either of these representations, the contracting officer (CO) is required to request additional information from the offeror and to notify the “agency official responsible for initiating debarment or suspension action.”

The new rule further provides that the contracting officer “shall not make an award to the corporation unless an agency suspending or debarring official has considered suspension or debarment of the corporation and determined that this further action is not necessary to protect the interests of the Government.”

The implementing clause can be found at FAR 52.209-5 – Certification Regarding Responsibility Matters.

On January 5, the Pentagon’s Defense Logistics Agency (DLA) awarded a contract worth up to $33 billion over 10 years to a privately held equipment supplier called Atlantic Diving Supply, Inc., or ADS.

The former vice president and CEO of Communications Resource, Inc. (CRI), has pled guilty in federal court in the District of Columbia to one count of conspiracy to violate the Procurement Integrity Act and one count of obstruction of justice.

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.

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.

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