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Government Contract Investigation Defense

Defense for Government Contractors Facing an Investigation from DOJ, IG or Congress

 Call our lawyers toll free at 1-866-601-5518 for a free initial and confidential consultation.

Watson & Associates’ government contract law and investigation defense lawyers provide a full range of legal services to companies that do business with governmental agencies. We advise you on complying with complex governmentgovernment contract doj congressional iG investigation attorney regulations and defending them in the event of investigation or litigation. We specialize in handling government contract disputes, bid protests, claims and defending individuals and corporations in a wide range of administrative, civil proceedings, including fraud investigations and whistle blower lawsuits.  Watson & Associates also has the ability to serve clients in such areas as legislative advocacy, public relations and other related fields.

As a government contractor, investigations are more common given the mandate for accountability and transparency. Agencies such as the Department of Justice (DOJ), Inspector General and even Congress actively conduct investigations against government contractors. Issues pertaining to false claims, Buy American Act, civil fraud allegations or accounting methods are common targets.

Responding to contract investigations is a critical stage. How you handle the initial stage can set the tone for the outcome. Having a government contracts attorney on your team can make the difference in the overall outcome.  Watson & Associates, LLC offer legal advice and guidance to small businesses and large DOD contractors that face, or have reason to believe, that an investigation is imminent.

  • Get help with compliance programs
  • Respond to inquiries from investigative authority
  • Address allegations of false claims
  • Falsification of documents
  • Voluntary disclosure
  • Get help in understanding your obligations under the FAR
  • Representations and certifications
  • Assistance with testimony before the U.S. Congress

 

Watson & Associates, LLC offers a premier practice in the area of government contract litigation, investigations and protests. Government contractors get access to unparalleled depth and experience for businesses doing business with the Federal government. Our lawyers draw from the skills and experience of one of the most prominent regulatory practices in the country. Given the crackdown on government contractors our defense lawyers help large businesses and small contractors to handle the intensity associated with government contract investigations for the Department of Justice (DOJ), Congress, GSA and Inspector General (IG). The law firm blends the capabilities of its subject matter experts with a team of litigation and investigation defense lawyers who have handled some of the most complex and notable government contract-related investigations.

Get assistance and investigation defense in the following:

  • False Claims
  • Procurement fraud
  • Defective pricing
  • Conflicts of interests
  • Defective products
  • Civil fraud claims
  • Aviation defects
  • Export control
  • Buy American Act matters
  • Gratuities
  • False Certifications
  • Small business matters
  • Liability for subcontractor claims
  • Internal controls development
  • Suspension and debarment
  • Independent special counsel investigations
  • Collusion
  • Congressional investigation

 

Get Help with Compliance Programs

Having a corporate compliance program for your federal government contracts is critical. Putting one in place when you find out about an investigation might be too late.  Your compliance program should include the establishment of effective internal procedures to both prevent and detect potential violations of procurement. The program should include an ombudsman or compliance officer, an ethics code, and effective employee training. The training should include clear instructions to employees that if they are questioned by federal agents they may decline to answer, but if they elect to answer, they must be truthful. As government contract law attorneys, we often guide businesses across the country on how to set internal controls that impact their credibility with the government.

 

Investigative Tools

Federal investigators generally use traditional law enforcement investigative tools when investigating government contractors. These include IG subpoenas for documents, grand jury subpoenas for documents and witnesses, search warrants, and witness interviews. Our government contracts attorneys can guide you in the right direction.

 

IG and Grand Jury Subpoenas during Investigations

Most investigations of government contractors use an IG subpoena, rather than a grand jury subpoena, to obtain documents. This enables the documents to be used in administrative suspension or debarment actions even if there is no provable criminal case.

The IGs have very broad subpoena powers. They may require by subpoena any information that is relevant to an inquiry concerning any type of fraud, waste, or abuse. United States v. Westinghouse Elec. Corp., 788 F.2d 164 (3rd Cir. 1986). There is no requirement that an IG or a grand jury have any particular evidence available to it in order to initiate an investigation or issue a subpoena. They “can investigate merely on suspicion that the law is being violated, or even just because [they] want assurance it is not.” United States v. Powell, 379 U.S. 48, 57 (1964) (quoting United States v. Morton Salt Co., 338 U.S. 632, 642-643 (1950)).

 

Noncompliance with a subpoena is punishable by civil and/or criminal contempt. See, e.g., Doe v. United States, 487 U.S. 201 (1988). Although IG subpoenas may be used only for documents (not to compel testimony), it is worth noting that they are enforceable in the federal district courts.

 

Five Reasons Why Government Contractors Fail Investigation Outcomes

Government contractors that are subjected to investigations experience damaging outcomes due to the following main reasons:

  • Failure to implement internal safeguards
  • Lack of understanding of clauses and obligations under the original contract
  • Lack of training for key personnel and management
  • Failure to adequately cooperate with inspecting agencies
  • Acting without adequate representation of counsel

 

Investigations that Include Proprietary Information

It is advisable that government contractors should wait until they have been subpoenaed before producing materials sought by investigators. Government contractors’ records may contain their subcontractors’ proprietary information, which should not be released without a proper subpoena. Companies should be cognizant of the fact that it is unlawful to disclose certain financial records under the Right to Financial Privacy Act, 12 U.S.C. §3401 et seq. A government contractor must comply with lawful demands, but it is important that the company separate responsive and non-responsive records, retain privileged documents, and ensure that the conduct of its business can continue while it complies with the subpoena.

 Interviews

Whether conducted during execution of a search warrant or at some other time, interviews by government agents are voluntary. The normal Miranda warnings concerning the interviewee’s rights to remain silent and to have an attorney present at the interview are not administered at the outset because an interview concerning a government contract is not normally custodial. See Miranda v. Arizona, 384 U.S. 436, 479 (1966).  Our government contract attorneys suggest that interviewees have a right to decline to answer any or all questions. However, there are several factors a government contractor should consider in connection with a voluntary interview.

As a government contractor, you should neither forbid nor discourage your employees from granting interviews–this could result in an allegation of obstruction of justice.  You should advise a prospective interviewee who is merely a witness that the decision is entirely up to the witness and there is no obligation to comply, but as may be appropriate, the company shares the public interest in the government’s obtaining relevant and accurate information.

As a government contractor, you can properly request that its counsel be present for any employee interviews concerning the company’s business. The company must clearly advise those present at the interview, including the employee, that the lawyer represents the company, not the employee. Your employee, of course, can elect to retain his or her own lawyer  for any interview.

 

Resolve a Wide Range of Disputes Arising in the Pursuit or Performance of Government Contracts.

Defense contractors and other federal government contractors can turn to Watson & Associates for assistance with the most difficult government contracting problems involving federal agencies and departments. Our investigation attorneys assist contractors with civil disputes with the Department of Defense, Department of Justice (DOJ), Department of Homeland Security, General Services Administration (GSA), and the various military departments, among others. We can help with issues related to defective pricing, procurement fraud, false certification (small businesses etc.), conflict of interest, anti-kickback allegations and others. Our federal contracts investigation law firm pursues comprehensive, administrative resolutions that reduce the risk of suspension and debarment and otherwise minimize any potential collateral impact.

As government contract law and investigation attorneys, we provide superior expertise across a wide range of issues inherent to government contracting. We advise you on a host of ethics and compliance issues, including ethics in hiring, competitor proprietary data issues under the Procurement Integrity Act, gifts and gratuities, false certifications and false claims, the Anti-Kickback Act, and the Foreign Corrupt Practices Act (FCPA). Our lawyers also assist with defective pricing, product warranties, quality assurance and testing requirements, domestic manufacturing statutes (including both the Buy American Act and the Trade Agreements Act), terminations for convenience and default, export control, environmental remediation, GSA schedule obligations (including most-favored customer and price-adjustment clauses), audit obligations, and small business issues. Our government contract investigation team of attorneys and consultants also handle challenges involving improprieties in the award process, organizational conflicts of interest (OCI), intellectual property and data protection, technology transfer agreements, and industrial security issues.

 

Watson & Associates’ Experienced Government Contract Litigators Handle Bid Protests, Claims, Court Litigation and Appeals for Complex Procurement Issues.

Watson’s government contract litigation expertise range from basic government contract claims involving emerging small businesses to more complex and prominent controversies involving the multi-billion dollar defense programs for large federal contractingDOD contractors. Our law firm focuses on lean operation. However, when complex situations arise, we ramp up with top experts to handle the problem. You can count on aggressive and creative advocacy across the broad spectrum of courts and forums where government contract disputes are litigated.

Do You Need Aggressive Representation in Investigations Involving Allegations of Procurement Fraud and Other Forms of False Claims?

Watson & Associates advise defense contractors on some of the most challenging investigations involving allegations of procurement fraud or other alleged impropriety in government contracting. We will conduct internal investigations involving civil fraud, export controls, conflicts of interest, domestic preference obligations, quality assurance and testing requirements, competitor proprietary data, and many other issues.

Our False Claims Act (FCA) experience allows us to help you navigate through the investigative stages of DOD, DOJ and IG investigations and cases. Our goal is to help response and comply with federal government investigations, assert defenses and legal rights under federal procurement law and to save your company’s reputation.

 

Do You Need Investigation Defense with Aviation Contracts, Products and Manufacturing and Service Contract Investigation?

Our government contract investigation lawyers can help DOD contractors in wide spectrum of industries. We have alliances with industry-specific legal and consulting experts, we draw upon their practical expertise to solidify and protect your rights.

 

Is Your Company under More Scrutiny and could possibly be subjected to Government Investigation?

The government contract law attorneys at Watson & Associates, LLC provide you with legal advice and advocacy when you are involved in a federal procurement investigation. Our clients include small businesses, medium-sized contractors and large businesses.

It has been reported to Congress that United States is wasting $12 million a day among contracts issued in support of American efforts in Iraq and Afghanistan. As a government contractor, this means that higher scrutiny can subject you to more oversight from the federal agency to which you have liability and responsibility under your contract. Government contract investigations are increasing in alarming rates since 2009. The Department of Justice (DOJ), Inspector General’s Office (IG) and other investigative authorities are subjecting contractors to more investigation. Our lawyers are adjusting or resources to better assist businesses facing an investigation.

Fraud and False Claims are Fertile Grounds for Government Investigations

As a government contractor, you must ensure that you are protected in the event of an IG investigation or allegations of false claims and fraud. Agencies are now heavily tasked to increase contract oversight and to increase accountability for contractor fraud. This means that your company is now under heightened scrutiny.

 

Do You Need Representation in Congressional Investigations?

Congressional oversight investigations present unique challenges. A contractor under the public spotlight of a congressional investigation often has myriad concerns: threatened or actual litigation in multiple venues, civil enforcement action by federal or state agencies and potential criminal exposure, as well as the public relations and business impact of a high-profile investigation. Congress has the right to obtain documents and compel testimony from individuals and organizations on virtually any issue related to its legislative and oversight responsibilities. For example, businesses are called for congressional testimony to justify unsatisfactory past performance, accounting methods and more. In other situations, businesses are called upon due to allegations of defective pricing or fraud allegations from the government.

A lawyer representing a client before Congress must be able to work cooperatively with members and staff to meet their legitimate requests, yet insist upon ground rules to ensure fairness, protect a client’s rights, and minimize risk to a client’s litigation posture or reputation. Watson & Associates’ lawyers know how to make the right calls in negotiating these sensitive issues. We understand the importance of taking the necessary steps to respond cooperatively to Congress while minimizing adverse consequences in other proceedings.

 

Understand Ethical Obligations and Preserve Compliance Protection

Contracting agencies and their employees have strict rules against unethical behavior. Since the government spends taxpayer dollars, there is a higher standard of behavior. Likewise, contractors are held to equally high ethical standards under federal procurement law. There are prohibitions against kick-backs, conflicts of interest, improper relationships and more.

Having your company conduct internal reviews and internal investigations can take you out of the limelight. Our government contract investigation defense attorneys help companies take a proactive stance on these issues. It can save thousands or even millions when compared to an adverse result in a DOJ investigation.

 

Investigations can lead to Suspension and Debarment

When the government IG launches an investigation against your business, the liabilities can be enormous. Criminal implications can also be attached. Because the risks are high, it may be worth the effort to have a procurement investigation defense attorney on your team.

When the agency launches defective pricing investigations, false statements, or over-billing it can lead to the initiation of fraud proceedings, Watson & Associates acts as your advocate. Our government contract investigation defense attorneys bring the expertise of technical and accounting experts to provide a thorough defense during your investigation.

 

 Other Government Contract Services

As you continue your venture into federal contracts, you will see that successful contractors find it beneficial to have immediate access to legal advice. Things occur daily where the answer or solution may not be readily apparent. Having a contract attorney can make a huge difference. With us, you also get help with:

  • Compliance consultation
  • Solicitation analysis, bid and proposal preparation, and contract negotiations
  • Consulting services
  • RFP and solicitation assistance
  • Bid protests (pre-award and post-award)
  • Teaming and joint ventures
  • Terminations and claims
  • Contract administration and claims
  • Training Services
  • SBA size-status protests, 8(a), HUBZone
  • GSA schedules
  • Corporate self-governance
  • Prime and subcontractor disputes
  • Suspension and debarment
  • Internal compliance investigations and disclosures
  • Procurement Integrity Act issues
  • Alternative dispute resolution (”ADR”)
  • Construction contracts
  • Privatization and A-76 matters
  • Procurement fraud
  • Native American 8(a) contracts
  • Information about Federal Acquisition Regulation (”FAR”)

National Representation

Government contract law allows our ethics and investigation defense lawyers and consultants to serve defense contractors in Denver, Colorado; Wyoming; Washington State; California; Maryland; New Mexico; Kansas and Nebraska; New York; Los Angeles; San Francisco; Chicago, Illinois; Michigan; Pennsylvania; Virginia; North Carolina; South Carolina; Arkansas; Colorado Springs; Utah; Oklahoma; Ohio; Maine; Florida; Texas; Nevada; Maryland; Louisiana; Las Vegas; Georgia; Hawaii; Alaska; Washington, D.C.; West Virginia; Florida; Indiana; Washington State; Mississippi; Tennessee; Miami; Virgin Islands; Rhode Island; Vermont; Wisconsin; Minnesota; Missouri; Virginia; Delaware; Connecticut; Arizona; New Hampshire; Massachusetts; and Montana.

 

Contact us

Contact us today to protect your rights if you are involved in a government contract investigation or need assistance with an unpaid claim. Call toll free 1-866-601-5518.

 

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