Government Contract Fraud Defense

A government contract fraud investigation can begin with a contracting officer’s questions, an inspector general subpoena, a whistleblower allegation, an audit, a request for records, a search warrant, or notice that prosecutors are examining a bid, certification, invoice, subcontract, or pricing decision.

For a contractor, executive, employee, consultant, or subcontractor, the same conduct may bring a criminal investigation, a civil False Claims Act case, agency remedies, and suspension or debarment concerns at once.

Bedi & Singer represents individuals in complex federal white-collar investigations and prosecutions, including government contract fraud and pre-charge matters.

Investigations can focus on the bidding stage, contract performance, invoicing, or a contractor’s certification of compliance with program or eligibility requirements. Potential allegations include:

• False certifications used to obtain an award
• Inflated or unsupported invoices, or billing for work not performed
• Defective pricing
• Misrepresentations about subcontractors or set-aside eligibility
• Kickbacks, bribery, or bid rigging
• Substitution of nonconforming goods
• False statements made during an audit or investigation

A billing dispute, inaccurate certification, documentation problem, or missed contract term does not necessarily establish criminal fraud. Compliance is often divided among sales, contracting, finance, program managers, subcontractors, and outside advisers.

The defense may turn on who prepared a representation, what the client understood it to mean, whether the information was material, what advice was received, and whether the government can prove intentional deception.

Under 18 U.S.C. § 1031, major fraud against the United States can apply to certain schemes involving federal contracts, subcontracts, grants, loans, guarantees, or other federal assistance valued at $1 million or more. Other cases may involve false claims under 18 U.S.C. § 287, false statements under 18 U.S.C. § 1001, wire or mail fraud, conspiracy, bribery, kickbacks, or criminal antitrust charges.

The government’s burden, available defenses, and potential consequences differ by statute. The defense begins by identifying exactly what representation, claim, certification, payment, or agreement prosecutors say was criminal.

The Department of Justice Civil Division pursues procurement fraud under the False Claims Act, including matters such as defective pricing, false set-aside representations, kickbacks, and goods or services not provided as promised. At the same time, criminal investigators may be examining individuals, and suspension or debarment may affect whether a company or individual can keep working on government contracts.

A response prepared for an audit, civil demand, internal investigation, or contracting agency can become relevant to a criminal case. Bedi & Singer advises targets, subjects, and witnesses and responds to subpoenas and other investigative demands. Early representation can help determine which agency is involved, what conduct is under review, what records need to be preserved, and whether the client’s interests diverge from those of an employer or business partner.

Jonathan Bedi and Dena Singer handle Bedi & Singer’s cases together, with associates contributing where useful. Investigative strategy, documents, witness issues, motions, negotiations, and trial preparation are treated as parts of the same case rather than as separate tasks.