fraud | The Contracting Education Academy

November 25, 2020 By cs

Employee of government contractor pleads guilty to fraud and kickback charges

An employee of a government contractor had pled guilty to his involvement in a scheme to overbill a contract administered by the General Services Administration (GSA) by approximately $1.25 million, and solicit and receive kickbacks from a subcontractor in exchange for providing that subcontractor valuable contract modifications.

Elmer Baker of Gulf Breeze, Florida, pleaded guilty to one count of conspiracy to violate the anti-kickback statute and four counts of wire fraud in the U.S. District Court for the District of Columbia. Sentencing will be scheduled for a later date.

According to admissions made in connection with the plea agreement:

Baker served as the project manager for his company on the contract administered by the GSA.
After his company awarded a subcontract to a construction company for work on the facility, Baker began receiving kickbacks in the form of meals, golf sessions, vacations, and other things of value.
In or around 2015, Baker began demanding monetary kickbacks that were valued at 10 percent of the amount of each of the subcontract modifications that he awarded the subcontractor.
Baker sent the subcontractor fake invoices to make it appear as though the payments he was receiving were for legitimate work, and he set up a shell company to receive the payments.
Additionally, Baker took the subcontract estimates provided to him and illegally inflated them in his requests to the GSA.
Over the course of several subcontract modifications, Baker defrauded the GSA out of approximately $1.25 million.

Prosecution of his case was handled by the Justice Department’s Criminal Division’s Fraud Section, the nation’s leading prosecuting authority on government procurement fraud and corruption matters.

The GSA Office of Inspector General, FBI’s Washington Field Office, and the State Department Office of Inspector General were in charge of investigating this case.

Source: https://www.justice.gov/opa/pr/employee-government-contractor-pleads-guilty-fraud-and-kickback-charges

October 20, 2020 By cs

Nonprofit to pay $1.9 million to settle false claims and kickback allegations on federal contracts for blind workers

Industries for the Blind and Visually Impaired Inc. (IBI) has agreed to pay $1,938,684.09 to resolve allegations that IBI violated the False Claims Act and the Anti-Kickback Act in connection with certain federal contracts set aside to employ blind workers, the Justice Department has announced.

IBI is a nonprofit corporation headquartered in West Allis, Wisconsin that receives set-aside contracts from federal agencies under the federal government’s Ability One Program. In exchange, IBI agrees to give jobs to workers who are blind or visually-impaired and comply with other contractual requirements.

The settlement resolves allegations that, between 2009 and 2018, IBI misrepresented to the U.S. Ability One Commission when requesting set-aside contracts for furniture design and installation services that it would maintain a 3:1 blind-to-sighted ratio of employees, and that furniture designers and sales representatives working for IBI took impermissible payments and gifts from manufacturers on certain contracts. It also resolves claims that IBI improperly subcontracted a set-aside contract for screen-printed clothing to an entity that did not generally use blind labor.

The Ability One Commission operates under the authority of the Javits-Wagner-O’Day Act (JWOD Act), which was passed in 1971 to increase employment and training opportunities for persons who are blind or visually impaired, or who have disabilities so severe that they are otherwise unable to work at competitive employment. More than 400 companies participate in the AbilityOne Program and receive set-aside federal contracts in exchange for employing approximately 45,000 people who are blind or have severe disabilities.

Among the allegations resolved by the settlement are claims asserted in a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The lawsuit was filed by Paul Inzeo, formerly a marketing manager at IBI, whose share has not yet been decided.

The settlement also resolves conduct that IBI investigated and disclosed to the United States concerning the receipt of gifts and money by its furniture designers and sales representatives that was not alleged in the whistleblower complaint. It received credit in the settlement for its disclosure, cooperation, and remediation efforts in connection with this conduct.

The settlement was the result of a coordinated effort among the U.S. Attorney’s Office for the Eastern District of Wisconsin and the Commercial Litigation Branch of the Justice Department’s Civil Division, with assistance from GSA’s Office of Inspector General, the U.S. Army Criminal Investigative Command, the Air Force Office of Special Investigations, the Defense Contract Audit Agency, the AbilityOne Office of the Inspector General, and the U.S. Department of the Interior Office of Inspector General.

The claims resolved by the settlement are allegations only, and there has been no determination of liability. The lawsuit resolved by the settlement is captioned United States ex rel. Inzeo v. Industries for the Blind, Inc., et al., No. 15-cv-996 (E.D. Wisc.).

Source: https://www.justice.gov/opa/pr/wisconsin-based-nonprofit-pay-19-million-settle-allegations-false-claims-and-kickbacks

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

August 10, 2020 By cs

HUD IG warns agencies to watch out for bidding fraud

Procurement officials should be watching for signs of bid rigging and collusion, according to a report from the Housing and Urban Development Department inspector general.

The report on anticompetitive bidding is part of the HUD Officer of Inspector General Fraud Bulletin series, which provides guidance on how to spot and deter bad actors seeking to abuse the uncertain circumstances of the pandemic. Though the report does not indicate whether anticompetitive bidding schemes have taken place during the pandemic, it encourages procurement officers to keep their eyes open.

“In a disaster environment, such as the one created by the COVID-19 pandemic, competitive pricing can be impacted by the lack of competition, the scarcity of products, the urgent need to acquire products and services quickly, and the lack of substitute product availability,” the report reads. “Although this does not mean that anticompetitive fraud schemes have occurred, the fluid environment increases the risk that they will.”

Collusion prevents the market from allowing the product with the best quality at the best price from rising to the fore during the bidding process, according to the report. Anticompetitive schemes include practices like submitting “token bids” to make it look as though the winning company beat out the competition, when really it was chosen by colluding parties behind the scenes. Other schemes involve agreements to abstain from bidding or withdraw from the bidding process in order to ensure one company wins.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/07/hud-ig-warns-agencies-watch-out-bidding-fraud/167263/

July 17, 2020 By cs

Former HR official steered sole-source $5 million training contract to friends, VA’s IG says

A former top human resources executive at the Department of Veterans Affairs improperly steered a contract to benefit two of his friends, the agency’s inspector general found in a recent report.

Peter Shelby, who briefly served as VA’s assistant secretary for human resources and administration, violated ethics laws and abused his position to award a $5 million contract to two friends.

The contract “resulted entirely in waste,” James Mitchell, VA’s acting assistant inspector general, said.

The contract was for leadership development and training for VA employees and applicant assessment tools. Shelby was friendly with the owner of the service-disabled veteran-owned small business that received the $5 million contract. He was also friends with the vice president of Blanchard, one of the subcontractors on the project, who had endorsed Shelby for the assistant secretary position back in 2017.

According to the IG, Shelby directed his staff to pursue a contract with the small business under a specific VA sole-source authority, which allows the department, under limited circumstances, to avoid the usual competitive bidding procedures. But in this case, those authorities were misused to benefit Shelby and the preferred small business, the IG said.

Keep reading this article at: https://federalnewsnetwork.com/veterans-affairs/2020/07/former-va-chco-steered-5m-training-and-development-contract-to-friends-ig-says/

Industries for the Blind and Visually Impaired Inc. (IBI) has agreed to pay $1,938,684.09 to resolve allegations that IBI violated the False Claims Act and the Anti-Kickback Act in connection with certain federal contracts set aside to employ blind workers, the Justice Department has announced.

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.

Procurement officials should be watching for signs of bid rigging and collusion, according to a report from the Housing and Urban Development Department inspector general.

A former top human resources executive at the Department of Veterans Affairs improperly steered a contract to benefit two of his friends, the agency’s inspector general found in a recent report.

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