Procurement fraud has emerged as one of the most frequently reported forms of economic crime. In response, the government has focused on identifying and prosecuting procurement-related violations, established the DOJ Procurement Fraud Task Force, strengthened statutory and regulatory tools, and increased the use of administrative actions like suspension and debarment.
The combination of regulatory complexity and heightened enforcement efforts present a growing challenge for contractors and companies that each year provide hundreds of billions of dollars in goods and services to governmental entities. Our attorneys are working at the forefront of these rapid developments, bringing our extensive public sector experience to bear to help our clients understand and mitigate the compliance risks associated with government procurement. Through training, strengthening compliance infrastructure and bolstering existing policies and procedures, Bass Berry & Sims works with clients to reduce the likelihood of procurement violations.
While risk can be mitigated, it cannot be eliminated. When companies, executives or board members are accused of procurement violations, they often face challenges on multiple fronts. Criminal, civil, and administrative actions, coupled with audits and contract terminations, can pose existential threats to businesses and result in reputational and financial ruin for individuals, as well as the potential loss of freedom. Our cross-disciplinary Procurement Fraud team, which blends the firm's competencies in government contracts, investigations and White Collar criminal defense, provides procurement fraud counseling focused on protecting businesses as well as their executives and board members, while enabling them to continue innovating and producing revenue. In administrative, civil and criminal matters, our attorneys apply a substantive depth of previous leadership experience gained in prior government compliance, investigatory and prosecutorial roles.
The firm advocates for clients and manages investigations before congressional committees, government agencies, grand juries and suspension and debarment officials. In addition, we have experience across of variety of industries, including those that have experienced high levels of reported procurement fraud: aerospace and defense, construction, energy, engineering, logistics, mining, transportation and utilities.
Our procurement fraud counsel is based upon deep substantive experience with:
- The Anti-Kickback Statute (AKS); False Claims Act (FCA), federally initiated or qui tam; Foreign Corrupt Practices Act (FCPA); Major Fraud Act and Procurement Integrity Act; and other legislation, regulations and rules.
- Audit and compliance programs, mandatory disclosures, internal investigations, international trade and export controls, suspension and debarment proceedings and whistleblowers.
- Bid-rigging, bribery, data misappropriation, defective and nonconforming parts and product substitutions, false certifications and statements, small business misrepresentations, and defective pricing allegations.