Justice Dept. | The Contracting Education Academy

April 25, 2019 By AMK

State Dept. contracting officer indicted for bribery and procurement fraud

A 17-count indictment was unsealed today charging Zaldy N. Sabino, a contracting officer with the U.S. Department of State, with conspiracy, bribery, honest services wire fraud, and making false statements.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Inspector General Steve A. Linick of the U.S. Department of State and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.

According to the indictment, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm allegedly engaged in a bribery and procurement fraud scheme in which Sabino received at least $239,300 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 in structured cash deposits into his personal bank accounts. Sabino allegedly concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

Keep reading this article at: https://www.justice.gov/opa/pr/state-department-contracting-officer-indicted-bribery-and-procurement-fraud

April 3, 2019 By cs

ATF rushed sole-source contracts without market research, watchdog finds

In its efforts to meet small business contracting goals, the Bureau of Alcohol, Tobacco, Firearms and Explosives neglected proper market research and record-keeping before awarding sole-source contracts, a watchdog found.

“Proper documentation is necessary to show that ATF safeguarded federal funds, furthered the purpose of small business programs, and complied with sole-source contracting authorities,” wrote the Justice Department inspector general in a report released on March 14th.

“ATF did not maintain complete contract files and could not demonstrate that it had conducted required market research before awarding several sole-source contracts,” auditors found in a review of 16 sole-source contracts totaling $56 million to nine small businesses in 2016-2017.

Keep reading this article at: https://www.govexec.com/contracting/2019/03/atf-rushed-sole-source-contracts-without-market-research-watchdog-finds/155640/

December 28, 2018 By cs

$110,000 settlement reached with tech company and CEO to resolve allegations of false claims on Defense contract

The U.S. Attorney for the District of Colorado, has announced that Progressive Technology Federal Systems, Inc. and its Chief Executive Officer have paid a combined $110,000 to settle allegations that the corporation and its CEO made false statements concerning a consultant’s security clearance and failed to disclose an organizational conflict of interest when bidding on a defense procurement contract.

One way federal government agencies can buy information technology services is by working with the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC). NITAAC is a government-wide program that enables agencies to contract for information technology. Other federal agencies, including the military, regularly work with NITAAC.

The United States’ allegations relate to a project in which NITAAC was used by the Army and the Air Force for a contract that was awarded to Progressive Technology Federal Systems, Inc. (PTFS). The United States contends that in 2014, PTFS’s President and CEO, John Yokley, participated in preparing project specifications for a contract to be issued by NITAAC. The project then was offered by NITAAC for contract bids. PTFS then submitted its own proposal to take on the contract. In doing so, however, PTFS stated that it had no conflict of interest relating to the contract. This statement was false because PTFS had a conflict in that Mr. Yokley had provided input on project specifications that were included in the contract, thereby gaining a competitive advantage for PTFS. In addition, the project required security clearances, and PTFS falsely stated in its proposal that an individual who would participate in the project as a key “Subject Matter Expert” had an active Top Secret clearance. PTFS was awarded the contract. Funding for the contract was later terminated before PTFS could invoice more than $30,000. The United States claimed that this conduct violated the False Claims Act.

The claims settled by this agreement are allegations. In entering into this civil settlement, PTFS and Mr. Yokley did not admit liability. Under the agreement, PTFS paid $65,000, and Mr. Yokley paid $45,000, to resolve the allegations.

Source: https://www.justice.gov/usao-co/pr/us-attorney-announces-110000-settlement-tech-company-and-its-ceo-resolve-allegations

December 12, 2018 By cs

Oversight of U.S. military’s food suppliers called into question after fraud indictment

Executives from a company responsible for providing food and water for deployed U.S. troops in Afghanistan have been charged with defrauding the government and creating a fake construction site to overstate progress on an $8 billion contract, the Justice Department said in a recently filed indictment.

The allegations came four years after the company’s predecessor pleaded guilty to criminal charges that it inflated prices for basic items that it sold to the U.S. military. Both cases emphasize how the U.S. military has struggled to curb abuses of U.S. defense spending in America’s longest-running foreign war as the U.S. military presence in Afghanistan enters its 17th year, analysts said.

On Nov. 27, the Justice Department charged Abdul Huda Farouki, Mazen Farouki and Salah Maarouf — three Virginia residents who worked with a Dubai-based company called Anham Fzco — with defrauding the U.S. military under an estimated $8 billion military supply contract.

Keep reading this article at: https://www.washingtonpost.com/business/2018/12/08/oversight-us-militarys-food-suppliers-called-into-question-after-fraud-indictment/

November 16, 2018 By cs

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

A 17-count indictment was unsealed today charging Zaldy N. Sabino, a contracting officer with the U.S. Department of State, with conspiracy, bribery, honest services wire fraud, and making false statements.

In its efforts to meet small business contracting goals, the Bureau of Alcohol, Tobacco, Firearms and Explosives neglected proper market research and record-keeping before awarding sole-source contracts, a watchdog found.

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.

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