NYC Procurement Fraud Lawyers

Understanding the False Claims Act and Government Procurement Fraud

The False Claims Act was passed in 1863, and was expanded in 1986. The False Claims Act punishes individuals, and businesses, who attempted to defraud the government through false billing of goods and services. Our NYC procurement fraud attorneys provide concierge service, and experienced representation, in False Claims Act cases to whistleblowers, and other parties involved in litigation. If you, or someone you know, has information pertaining to a procurement fraud case, Spodek Law Group can help you.

Government procurement fraud affects the General Services Administration, in addition to all agencies, and departments, of the government. Procurement fraud has a huge impact on state procurement efforts as well. We can help with all forms of purchasing fraud, ranging from double billing, to complex overbilling, pricing schemes, and the provision of inferior products + services. Spodek Law Group, PC, is one of the most respected law firms in the USA. Our talented team of fraud attorneys provide high quality legal representation, and give you the best advice possible.

What is Government Procurement Fraud?

When a public agency wishes to get goods or services, it has to go through a procurement process. The strict laws are aimed at preventing fraud, but despite this – fraud still occurs. When fraud allegations are made, an investigation has to occur – which can happen by both state and federal authorities depending on which agency was defrauded.

Defendants accused of procurement fraud could face both criminal prosecution as well as civil lawsuits. This means significant financial penalties. Spodek Law Group, PC, has significant experience providing high quality legal representation to clients throughout the procurement fraud investigation process. We can help you fight civil and criminal charges.

Government procurement fraud involves making false/misleading statements, when it comes to bidding, securing, and awarding, government contracts. If you’re bidding on government work, you could be charged with violation of government procurement rules – if you do so in an unethical, or illegal way. Anyone involved in a false claim submitted to the government can face liability, regardless of how large the individual’s role was in the scheme.

Here are examples of government procurement fraud which can lead to both criminal prosecution, and civil penalties against individuals and companies:

• Paying/receiving/offering bribes and kickbacks
• Non-competitive contract awards, including paying too much for services, or buying too many items
• Pushing through unqualified businesses as vendors who are allowed to bid on goods/services
• Accepting/paying for non-compliant services or low quality goods
• Collusive bidding, in which groups of bidders agree to setup a system where each one can win a contract with a bid
• Abuse of change orders, which means submitting low bids and then increasing profits by submitting change orders
• Failure to fulfill contract specifications – using lower quality materials to fulfill orders
• Overbilling, or including inflated/duplicative invoices or billing for services which shouldn’t be paid under the terms of the contract

Penalties for Procurement Fraud

Penalties can be very serious. Even if you’re not convicted of a crime, you could face a civil lawsuit. In a civil lawsuit, there is a lower burden of proof than a criminal case. Cases can be brought against you by the government, or even private individuals. The False Claims Act, makes it easy for individuals to file a Qui Tam lawsuit, if they can find signs of fraud. Plaintiffs who do such lawsuits are rewarded up to 30% of the money they recover.

Criminal consequences can also include jail time, and a permanent criminal record. In addition, you can face multiple criminal charges for acts of fraud in procurement, in addition to mail and wire fraud charges. If you’re under investigation, then you need to respond aggressively. You could face both criminal and civil penalties. Contact Spodek Law Group, PC, and speak to one of our NYC criminal attorneys who can help protect your future.