The federal government buys hundreds of billions of dollars of goods and services every year. The General Services Administration and other agencies have put in place policies and standards to limit supplier fraud in the procurement of these products. Nevertheless, some companies are tempted to violate these policies, by offering kickbacks to government employees or misrepresenting the quality or nature of the products they are supplying.
To combat these types of fraud, Congress enacted the Federal Civil False Claims Act (FCFCA). The qui tam provisions of this act enable private citizens to sue suppliers who engage in fraudulent acts. If the suit is successful, the citizen/whistleblower may be eligible for a percentage of the total funds recovered by the government, which can include treble damages. Many states and the District of Columbia have enacted their own false claims laws as well.
Alan Lescht and Associates, P.C., is a team of experienced whistleblower/qui tam lawyers. We vigorously pursue results for people who blow the whistle on corporate fraud in the sale and procurement of products to the U.S. government and state governments. When you retain us to represent you, our law firm will work diligently to obtain results for you, taking advantage of the qui tam provisions of the law to provide protection from retaliation.
Some of the most common types of government procurement fraud are listed below:
Defective pricing — Companies who sell to the General Services Administration in multiple award schedule (MAS) contracts must disclose any and all discounts and rebates that they are offering other buyers of the same products. Failure to disclose or falsely asserting compliance with this provision constitutes a false claim.
Price reduction clause — Suppliers who agree to a MAS contract must notify the federal government if they offer a better price or terms to a commercial buyer, and they must offer the same price or terms to the government.
Noncompliance with the U.S. Trade Agreements Act — MAS contract suppliers must certify that the products they are selling were either made or substantially transformed in the U.S. or in a country that has reciprocal trade agreements with the U.S. Notable countries without trade reciprocity include China, Taiwan and Malaysia.
Construction and public works contracts — Bid rigging, overcharging for projects or failure to follow project specifications are fraudulent activities that are subject to FCFCA.
If you know of a violation such as these, Alan Lescht and Associates, P.C., can represent you.
Please contact our firm to speak with an experienced corporate fraud attorney. We offer strategic and results-driven legal service to clients in Washington, D.C., Maryland, Virginia, and federal government employees around the world.