The Rise of Government
Contractor Fraud and Military Contractor Fraud in
Security and Military Support Around the World by Defense Contractor Fraud
Whistleblower
Lawyer and Military Contractor Fraud Whistleblower Lawyer
Jason S. Coomer
As Private Security and
government contractors have become more common in
military bases and other locations around the World,
fraudulent defense contractors have become more
common. During the Iraq War and Afghanistan
War, the number of
government contractors for security, military
support, and other essential services increased
dramatically. The money spent on these government
contracts has in the Billions of Dollars.
Unfortunately, some corrupt
government contractors made or are making big
profits by billing the United States for services
they are not performing as well as defective
products and services they have sold to the
government. Even worse, in some situations illegal
price gouging and government fraud has become common
practice and the armed forces of the United States
are suffering. As such, it is now time for
whistleblowers and American heroes to blow the
whistle on these corrupt government contractors that
are defrauding the United States, stealing from the
United States, and placing our troops in danger.
History of Qui Tam Lawsuits
and Defense Contractor Fraud Lawsuits
Defense Contractor lawsuits have
existed for centuries as deceptive government
contractors have been around as long as government
contracting has. Qui tam actions allow private
citizens to file a lawsuit on behalf of the U.S.
government in an effort to recover losses caused by
fraud against the government. This law is an
incentive for civilians with specialized knowledge
who know of individuals or companies making false
claims for profit to come forward with information.
In reward, the "whistleblower" (also known as the
relator) shares in any federal revenue recovered.
For more on the history of
Defense Contractor Fraud Lawsuits and Qui Tam
Lawsuits, go to the following article on
Qui Tam Claims.
Qui Tam Lawsuits and Defense
Contractor Fraud Lawsuits
In 1986 as a result of increased
government contractor fraud, Congress amended the
False Claims Act in order to make it easier for
whistleblowers to file claims against fraudulent
corporations and individuals. The act also help
protect the Whistleblower or Relator from
retaliation.
The 1986
Amendment defines a "claim" as:
"...any
request or demand which is made to a contractor,
grantee, or other recipient if the United States
Government provides any portion of the money or
property which is requested or demanded, or if the
government will reimburse such contractor, grantee,
or other recipient for any portion of the money or
property which is requested or demanded."
The whistleblower's share of
recovery is a maximum of 30 percent and the
government's prior knowledge of fraud now does not
necessarily bar a whistleblower from collecting lost
revenue. If the government took over the lawsuit,
the relator can "continue as a party to the action."
The defendant is also required to pay for the
relator's attorney fees. The whistleblower is also
protected from retaliatory actions by his or her
employer. As a result or the amendment, qui tam
lawsuits increased dramatically. Though the
amendment was first made fore corrupt defense
contractors, the amendment has uncovered billions of
dollars in health care fraud.
Anyone who defrauds the
government out of revenue can be held accountable
under the False Claims Act. Common defendants
include defense contractors, health care providers,
other government contractors & subcontractors, state
and local government agencies, and private
universities. Whistleblowers often include current
and former employees of the defrauding company,
competitors of government contractors and public
interest groups.
The False Claims Act was enacted
to encourage private citizens to assist the
government in the fight against fraud. Often the
whistleblower faces an uphill battle as large,
powerful corporations or individuals are usually
named as defendants. An experienced attorney in qui
tam claims may help you gain a percentage of stolen
government funds.
Defense Contractor Fraud
Claims in the News
The United States Department of
Defense spending for goods and services in Fiscal
Year 2007 exceeded $300 billion. With this
increased budget has come relaxed oversight and
regulation. Quality control and proper testing of
these good and services has become lax as
documentation for large defense contracts has been
reduced allowing fraudulent contractors to get away
with defrauding the Pentagon, Department of Defense,
and United States.
Recently several news stories
have surfaced regarding suspected defense contractor
fraud and government contractor fraud. Below are
brief exerts of some news stories on potential
Defense Contractor Fraud Claims and Government
Contractor Fraud Claims. For more information
follow the links to these stories.
Army Overseer Tells of Ouster
Over KBR Stir By JAMES RISEN
Published: June 17, 2008
New York Times
WASHINGTON — The Army official
who managed the Pentagon’s largest contract in Iraq
says he was ousted from his job when he refused to
approve paying more than $1 billion in questionable
charges to KBR, the Houston-based company that has
provided food, housing and other services to
American troops.
Qui tam
actions typically revolve around false claims that are
either directly or indirectly presented to the
Government for "payment or approval." These false claims
can be generated through the submission of false bills,
records, statements or other representations made to the
Government.
Guilty Plea Given in Iraq Contract
Fraud By ERIC SCHMITT
Published: June 11, 2008
New York Times
WASHINGTON — A retired Army colonel
who has been a focus of a wide-ranging criminal inquiry
into contracting fraud in Iraq pleaded guilty on Tuesday
to steering a military contract for warehouses in Iraq
to a contractor for $4,000 and a vacation to
Thailand....
On Tuesday, the government said in
court documents that in 2005, Colonel Selph served in
Baghdad as head of a selection board that awarded a $12
million contract to build and operate Pentagon
warehouses in Iraq.
The winning contractor was not
identified by name in the court documents made public on
Tuesday. But in previous court papers, the government
said Lee Dynamics International, an American-owned
company operating in Kuwait, was awarded $12 million in
contracts in 2005 to build, operate and maintain several
warehouses in Iraq. Those papers contend that as a
result of bribes, the company illegally received advance
information about the contracts.
Iraq Spending Ignored Rules,
Pentagon Says By JAMES GLANZ
Published: May 23, 2008
New York Times
A Pentagon audit of $8.2 billion in
American taxpayer money spent by the United States Army
on contractors in Iraq has found that almost none of the
payments followed federal rules and that in some cases,
contracts worth millions of dollars were paid for
despite little or no record of what, if anything, was
received.
The audit also found a sometimes
stunning lack of accountability in the way the United
States military spent some $1.8 billion in seized or
frozen Iraqi assets, which in the early phases of the
conflict were often doled out in stacks or pallets of
cash. The audit was released Thursday in tandem with a
Congressional hearing on the payments.
3 Indicted in a Fraud Scheme on
Military Contracts Overseas By THE ASSOCIATED PRESS
Published: February 13, 2008
New York Times
ATLANTA (AP) — A federal grand jury
has indicted a Florida couple and a North Carolina man
in what prosecutors call a scheme to rig millions of
dollars of water purification contracts for United
States military units overseas, officials said Tuesday.
The accused — Richard E. Long, 63,
and Debra L. Long, 44, of St. Augustine, Fla., and Mack
S. Smith, 56, of Bladenboro, N.C. — are charged with
conspiracy, bribery of a public official, wire fraud and
money laundering, said David E. Nahmias, a United States
attorney.
From 2001 to 2007, Mr. Smith paid the
Longs about $553,700, including down payments for two
homes in St. Augustine, the indictment said.
U.S. Widens Net on Pricing of Food
Supplies for G.I.’s By ERIC SCHMITT and ANDREW MARTIN
Published: October 18, 2007
New York Times
WASHINGTON, Oct. 17 — Federal agents
are investigating whether several large food companies
charged the government excessively high prices for
supplies to American troops in Iraq and Kuwait,
administration officials said Wednesday.
$6 Billion in Contracts Reviewed,
Pentagon Says By ERIC SCHMITT and GINGER THOMPSON
Published: September 21, 2007
New York Times
WASHINGTON, Sept. 20 — Military
officials said Thursday that contracts worth $6 billion
to provide essential supplies to American troops in
Kuwait, Iraq and Afghanistan — including food, water and
shelter — were under review by criminal investigators,
double the amount the Pentagon had previously disclosed.
In addition, $88 billion in contracts
and programs, including those for body armor for
American soldiers and matériel for Iraqi and Afghan
security forces, are being audited for financial
irregularities, the officials said.
Taken together, the figures, provided
by the Pentagon in a hearing before the House Armed
Services Committee, represent the fullest public
accounting of the magnitude of a widening government
investigation into bid-rigging, bribery and kickbacks by
members of the military and civilians linked to the
Pentagon’s purchasing system.
Defense Oversight By Robert
O'Harrow (Government
Inc.)
June 10, 2008; 2:25 PM ET
Washington Post
The Inspector General's Office at the Department of
Defense has issued its latest twice-yearly overview of
its work. Sobering stuff.
Billions spent with little oversight.
Poor documentation. No meaningful changes in sight.
We at Government Inc. cringe and warn
gentle-minded readers to think twice about reading on.
Here are some excerpts, in no
particular order:
"The Army and Marine Corps issued
contracts and Federal Supply Schedule orders valued at
more than $5.2 billion for body armor components. The
Federal Acquisition Regulation requires contracting
organizations to maintain adequate contract
documentation to provide a complete acquisition history.
Specific information concerning testing and approval of
first articles was not included in 13 of 28 Army
contracts and orders reviewed, and contracting files
were not maintained in 11 of 28 Army contracts to show
why procurement decisions were made."
"From March 2004 through February
2006, the quality of water provided by contractors,
through treatment or distribution at three of the sites
DoD IG auditors visited, was not maintained in
accordance with field water sanitary standards as
specified in the Department of Army guidance. Although
required, KBR did not maintain the quality of the water
it distributed to point-of-use storage containers at
Camp Ar Ramadi, Camp Q-West, and Camp Victory.
Additionally, at Camp Q-West, KBR improperly provided
chlorinated wastewater from its Reverse Osmosis Water
Purification Unit to personal hygiene facilities."
"The Office of Inspector General
Department of Defense is heavily engaged in combating
fraud, waste and abuse. In FY 2007, DoD IG audits
achieved $697 million in savings and identified $1.5
billion in funds that could be put to better use.
Investigative activities identified 413 suspects who
were indicted. Additionally, 307 suspects were convicted
of crimes. All in all, $926 million was returned to the
U.S. Government in investigative fines, restitution, and
recoveries."
Defense Contractor Fraud
Whistleblower
Lawyers and Military Contractor Fraud Whistleblower Lawyers
Can Help Military Contractor Whistleblowers
Blow the Whistle on Those
that Commit Fraud Against the United States Government,
Help Protect Military Contractor Whistleblowers, and
Help Military Contractor Whistleblowers Obtain a Share
of Funds Recovered Through Quit Tam Claims, False Claims
Act, and Defense Contractor Fraud Lawsuits
There are several types of Qui Tam
claims covered under the False Claims Act:
-
Mischarging or overcharging for
goods or services.
-
Improper price data and the
request for payment for services never provided.
-
Holding government property for
fraudulent purposes.
-
Avoiding payment of a debt to the
government because of illegal reasons.
-
Knowingly providing the
government with defective or dangerous products that
were falsely certified.
-
Falsely certifying information
for the entitlement of benefits.
-
Having any false claim paid by
the government.
The
mischarging case is the most common type of qui tam case
filed. Mischarging cases generally involve filing false
claims for goods or services that were not provided or
delivered. A common mischarging scenario is employee
labor charged to a government contract not worked on.
Other common mischarging schemes are claims made to the
Government for medical services not rendered or for
services performed by an attending physician when the
service was actually performed by a nurse or other
provider that should have been billed at a lower rate.
Another type
of case is the false negotiation or defective pricing
case that involves the submission of false cost and
pricing data to the Government. This scheme, which takes
on many forms, involves the submission of false costs or
pricing data to the Government during the negotiation of
a contract that subsequently results in an inflated
contract price.
Other common
types of cases involve product and service substitution
and false certification of entitlement for benefits.
Examples of product and service substitution are falsely
certifying that a product meets specifications, false
testing schemes such as falsely certifying that
reliability testing was conducted and providing an
inferior service or product. Examples of false
certification of entitlement cases are falsely
certifying information for FHA mortgage guarantees and
price supports.
Potential heroes that blow the
whistle on government fraud and corruption include
employees, former employees, high-level executives, sub
contractors, general contractors, and people working
with major defense contractors, telecommunications
companies, and large health care organizations.
Defense Contractor Fraud
Whistleblower
Lawyers and Military Contractor Fraud Whistleblower Lawyers
Can Help Military Whistleblowers Blow the Whistle on Those
that Commit Fraud Against the United States Government,
Help Protect Military Whistleblowers, and Help Military
Whistleblowers Obtain a Share of Funds Recovered
If you are aware of a defense
contractor, highway contractor, large health care
company, or other large contractor or subcontractor that
is defrauding the United States Government out of
millions or billions of dollars, it is important to blow
the whistle on the fraud. By reporting the fraud you
can save the government and taxpayers large amounts of
money.
However, if you are not the first to
file or do not blow the whistle correctly pursuant to
the Federal False Claims Act, you may not be able to
share in the recovery. As such, to become a relator it
is important to collect evidence of the fraud and
contact a
Federal False Claims Act Lawyer such as Jason Coomer
and the attorneys that he works with to make sure that
every effort is made to protect your rights as a relator
so that you can share in the recover that is made from
your efforts. In working together, Whistle blowers and
Qui Tam Lawyers throughout the nation can blow the
whistle on fraud that hurts the United States and our
armed forces.