Procurement Fraud Attorneys

Government Procurement Fraud Lawyers: What Contractors Need to Know

Government contracting presents a lucrative business opportunity but comes with strict regulations and oversight. One of the most serious risks contractors face is procurement fraud, which can lead to severe civil or criminal liability. The Department of Justice (DOJ)  SBA, and Office of Inspector General (OIG) aggressively investigate suspected fraud, often leading to False Claims Act lawsuits, civil investigative demands, subpoenas, and even criminal indictments.

If your company is under investigation for procurement fraud, securing an experienced government procurement fraud lawyer is critical. The consequences of a conviction can include massive financial penalties, contract debarment, loss of business opportunities, and imprisonment. At Watson & Associates, LLC, our procurement fraud attorneys and criminal defense attorneys have decades of experience defending businesses against False Claims Act violations, bid rigging, collusion, Trade Agreements Act violations, and other procurement fraud allegations.

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What are Some Types of Government Procurement Fraud Schemes?  

There are many situations where services and products and procured by fraud. The procurement process is exposed to various bidding strategies that federal prosecutors may consider procurement fraud schemes. At the end of the day, any action that focuses on getting an unfair advantage, manipulation of the bidding and solicitation process, secret collaborations between the government and the contractor, illegal kickbacks, and the like can be considered a government fraud scheme under 18 USC 1031.

Understanding Procurement Fraud Schemes in Government Contracting

Procurement fraud refers to deceptive actions designed to manipulate the government procurement process for financial gain. This type of fraud includes submitting false claims, rigging bids, falsifying certifications, and misrepresenting compliance with contract terms. Contractors facing procurement fraud allegations often face federal investigations, civil lawsuits, and potential criminal prosecution.

Government investigators target contractors accused of:

• Submitting false certifications to win contracts.
• Engaging in bid rigging or price-fixing schemes.
• Mischarging costs or submitting fraudulent invoices.
• Violating the Buy American Act (BAA) or Trade Agreements Act (TAA).
• Engaging in bribery or kickback schemes with federal officials.

When facing procurement fraud charges, businesses need immediate legal representation from a procurement fraud attorney experienced in both civil False Claims Act defense and criminal defense.

What Happens When You Are Charged with Procurement Fraud?

Being charged with procurement fraud is a serious legal matter that requires immediate attention. The process typically begins with a government investigation, followed by civil or criminal enforcement actions. The steps involved in a procurement fraud case generally include:

1. Civil Investigative Demands and Subpoenas

Federal agencies such as the Department of Justice (DOJ) and Office of Inspector General (OIG) conduct investigations into suspected procurement fraud. Contractors often receive civil investigative demands (CIDs) or subpoenas, requiring them to produce documents, emails, financial records, and other business records.

At this stage, it is critical to consult with a procurement fraud attorney who can evaluate your legal risks, protect your rights, and determine whether you are facing civil or criminal exposure.

2. False Claims Act Lawsuits and Civil Penalties

If the government believes that a contractor submitted false claims or misrepresented contract compliance, it may file a False Claims Act lawsuit. This can lead to triple damages, financial penalties, and debarment from future government contracts.

The False Claims Act allows whistleblowers to file qui tam lawsuits, alleging procurement fraud on behalf of the government. If successful, the whistleblower may receive a percentage of the recovered funds, creating strong incentives for employees, competitors, or former business partners to report suspected fraud.

A strong government procurement fraud lawyer can challenge False Claims Act allegations, negotiate settlements, and prevent civil liability from escalating into criminal charges.

3. Criminal Charges and Federal Prosecution

In cases involving bribery, bid rigging, wire fraud, or conspiracy, the government may escalate the investigation into a criminal prosecution. The Department of Justice aggressively pursues contractors accused of defrauding the government, often bringing charges under:

• 18 U.S.C. 1031 (Major Fraud Against the United States)
• The False Claims Act (for criminal liability in extreme cases)
• The Anti-Kickback Act
• The Procurement Integrity Act

A criminal indictment for procurement fraud can result in fines, asset forfeiture, and lengthy federal prison sentences. Defense strategies often focus on lack of intent, compliance with contract terms, and constitutional violations in the investigation.

4. Trial and Sentencing

If a procurement fraud case goes to trial, the government must prove fraud beyond a reasonable doubt. A procurement fraud attorney with criminal defense experience will challenge the government’s evidence, expose investigative misconduct, and present evidence demonstrating compliance or lack of fraudulent intent.

If convicted, sentencing may include prison time, fines, and permanent debarment from government contracting. However, strong legal representation can significantly improve the chances of acquittal, case dismissal, or reduced penalties.

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Fraud in Government Contracting – Pre-contract Procurement Fraud 18 USC 1031

Contracting fraud under 18 USC 1031 can occur before the contract award or afterward. Some examples of pre-contract fraud include bid rigging, submitting defective pricing, collusion fraud in government contracting with other bidders to control the market, price fixing, and even falsely certifying the small business’s status. All of these situations are the types that defense contractor fraud attorneys can help with.

 

What Can You Do if the Feds Come Knocking On Your Door?

This will be an obvious situation where you should not volunteer any information without having legal counsel.  If a federal agent or investigator knocks on your door and asks to question you about services or products procured by fraud, you should politely oblige, but only under the condition that your attorney is present. Government Procurement fraud investigations can turn into either civil or criminal cases. You have constitutional rights in federal criminal cases. Watson’s government procurement fraud attorneys and defense attorneys for False Claims Act violations will examine the facts of your care and assess the strengths and weaknesses.

18 USC 1031 Government Contracting Fraud Lawyers:  Wise D. Allen.   Theodore Watson

Defending Against Procurement Fraud Allegations

If your company is facing procurement fraud charges, our procurement fraud defense attorneys will help with potential legal defenses that include:

• Lack of Intent to Defraud – Federal procurement regulations are complex, and unintentional errors do not constitute fraud. The government must prove that false statements or misrepresentations were made knowingly and with fraudulent intent.
• Compliance with Contract Terms – If your business delivered all required goods and services, the prosecution may struggle to prove fraud. Contractual ambiguities and misinterpretations often lead to baseless procurement fraud claims.
• Good Faith Reliance on Experts – If your company relied on legal counsel, compliance officers, or government officials when making procurement decisions, this can serve as a strong defense. The Supreme Court has recognized this defense in cases like United States v. DeFries, 129 F.3d 1293 (D.C. Cir. 1997), where reliance on counsel negated fraudulent intent.
• Illegal Search and Seizure – If federal investigators obtained evidence illegally, such as through unlawful wiretaps, warrantless searches, or compelled self-incrimination, the defense can move to suppress evidence and dismiss charges.
• Statute of Limitations – Government procurement fraud charges are subject to strict filing deadlines. If the government’s case is past the statute of limitations, charges may be dismissed entirely.

Constitutional Defense in Federal Procurement Fraud Cases – Usually Overlooked – Our Lawyers Protect Your Rights

When the government investigates federal procurement fraud allegations—whether in government contracts, healthcare billing, or procurement fraud—they often push legal boundaries to build their case. Many defense attorneys focus only on the criminal or regulatory aspects of these charges. However, constitutional violations are often the key to dismantling the prosecution’s case, and this is where our firm stands apart.

Federal agencies frequently obtain evidence through search warrants, subpoenas, and surveillance, but these methods are not always legally sound. If investigators exceed the scope of a warrant, seize protected business records, or conduct unlawful searches and seizures, they may have violated your Fourth Amendment rights. Evidence obtained improperly can often be challenged and suppressed, significantly weakening the case against you.

Unlike other firms that only understand the criminal and regulatory aspects of fraud cases, our team of government fraud lawyers also includes constitutional lawyers who analyze every detail of how evidence was gathered. We scrutinize whether the government relied on unlawful wiretaps, forced statements, or overbroad document seizures—critical mistakes that could lead to case dismissals or reduced charges.

If you are being investigated or charged with fraud, do not assume the government followed the law in building its case. A single constitutional violation could change the outcome of your case. Contact our firm today to discuss how we can protect your rights and your future. Speak to Theodore Watson. Call 1.866.601.5518.

Why Choose Watson & Associates, LLC?

With over 30 years of experience in government contracts and procurements, our government procurement fraud lawyers provide aggressive defense for businesses facing False Claims Act allegations, bid rigging investigations, and federal procurement fraud charges. Our procurement fraud attorneys have successfully defended contractors in DOJ, SBA, and OIG investigations and have prevented criminal convictions, debarments, and excessive penalties.

We Provide Nationwide & International Representation

• False Claims Act and qui tam defense
• Criminal defense for procurement fraud charges
• Bid rigging and collusion defense
• Small business fraud and SBA compliance violations
• Trade Agreements Act and Buy American Act violations
• Debarment and suspension defense

If you are under investigation or facing procurement fraud allegations, do not wait. Contact our procurement fraud attorneys today for a confidential consultation.

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Washington DC & Nationwide Procurement Fraud & False Claims Act Lawyers

Our federal False Claims Act defense attorneys and Procurement Fraud criminal defense lawyers can provide legal defense in most states including Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, False claims lawyersTennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming.

Nationwide and Overseas Reach

With law offices in Washington DC, California, Florida, Dubai and Colorado, our federal contract fraud criminal defense lawyers can help. Whether you are a manufacturer, vendor, prime contractor, subcontractor or reseller to the federal government, Watson & Associates’ procurement fraud defense lawyers can help you.

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Call Watson & Associates’ Government Procurement Fraud Attorneys Today

To speak with our government procurement fraud attorneys, call Watson & Associates law firm at 1.866.601.5518 for a Free Initial Consultation or contact us online. Speak to Theodore Watson.