Reining In Runaway Loss Calculations For Procurement Fraud
By David Chaiken and Tiffany Bracewell (January 22, 2020, 1:01 PM EST) -- Regardless of the political winds, the criminal prosecution of contracting fraud perpetrated against federal government agencies — and associated federal civil actions brought under the False Claims Act — remain high on the list of the U.S. Department of Justice's enforcement priorities, as prosecutors view such crimes as reaching directly into the U.S. Treasury and undermining government integrity.
This article explores a recurring problem in criminal prosecutions of procurement fraud cases involving federal government set-aside contracts such as those awarded under the U.S. Small Business Administration's Section 8(a) program, designed to help small, disadvantaged (e.g., minority-owned or disabled veteran-owned) businesses compete...
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