SDVOSB Lawyers & Contractor False Claims Act Defense

SDVOSB certifiation Small Business fraud Lawyers

Nationwide Service Disabled Veteran Owned Small Business False Claims Act SDVOSB Fraud Criminal Defense Lawyers

Investigated or Charged With Service Disabled Veteran Owned Small Business SDVOSB Certification  / SDVOSB Fraud or Allegations of Small Business Contracting Fraud after you have been certified? Our SDVOSB False Claims Act Criminal Defense Lawyers Can Help.

Oftentimes, the Department of Justice (DOJ), FBI, VA or OIG would implement search warrants in criminal cases of serve you with a civil investigative demand. (CID). The underlying offense can be anything from alleged violations of the Mentor Protege Program, SBA joint venture rules and ultimately, violations of small business control regulations under   13 CFR 121.103,13 CFR § 128.401 (f) Limitations on subcontracting and (g) Ostensible subcontractor Rule.  In almost all situations, you stand to lose significant amounts and even face jail time if you do not retain an SDVOSB lawyer.

False Claims Act & SDVOSB Program Fraud

Sometimes, the SBA SDVOSB Program is often the target of government contracts fraudulent schemes. Prosecutors and government agents will often approach a government contractor to allege that the company falsely identifies itself as an SDVOSB in order to obtain small business set-aside contracts. Once the underlying action or violation has been established, then the government could formally bring and SDVOSB False Claims Act charge against you. At the end of the day you do not want to be faced with criminal charges Claims Related to Fraudulent Procurement of Small Business Contracts Intended for Service-Disabled Veterans.

In other situations, large businesses may create fraudulent SDVOSB entities or use a legitimate verteran-owned firm as a front to obtain federal contracts they are not legally eligible to receive. When large businesses and their CEOs are investigated are charged with SDVOSB Program fraud, then they must find an experienced SDVOSB criminal defense law firm to fight back.

Not all criminal charges of your SDVOSB certified status are valid. After you have served in the armed forces, and represented your country, you now face a serious allegation, that if not taken seriously can ruin your personal and business reputation. Learning about civil or criminal investigations is a very stressful position to be in. However, the best way to handle the situation is to deal with it head-on.

Do you hire any criminal defense attorney to deal with the problem? No, you should not. Being SDVOSB certified is a very unique process, with very unique rules. To deal with indictments and criminal charges you want to find a SDVOSB criminal defense attorney that understands Procurement regulations and SDVOSB certification rules. This is where theSDVOSB  False Claims Act and criminal defense lawyers at Watson & Associates, LLC come in.

We Understand Federal Procurement Laws and Provide Aggressive Legal Defense Nationwide When You Have Been Served a Civil Investigative Demand (CID), Subpoena, or Need SDVOSB Lawyers on your team.

What are SDVOSB Small Business Contracts?

Federal government contracts may be reserved, or “set aside,” for various types of small businesses, where only qualified small businesses in certain socioeconomic categories are eligible to bid on, receive, and perform the contracts.  One such category is a service-disabled, veteran-owned small business (SDVOSB), which is reserved for small businesses owned, controlled, and operated by veterans of the United States military who incurred a disability in the course of their military service to the United States.

Why Are You Subject to SDVOSB Certification Small Business Fraud Investigations?

Federal agencies actively target service disabled veteran-owned small business (SDVOSB Certification) companies for government contract and VOSB or SDVOSB fraud investigations. False Claims related to fraudulent procurement of small business contracts intended for service-disabled veterans is becoming more and more common in the procurement marketplace. allegations of small business contracting fraud.

Violations can result in criminal liability and potential jail time when the Department of Justice (DOJ) or the Small Business Administration Office of Inspector General (SBA OIG) initiates an investigation that leads to criminal indictment.

Common situations that can make you subject to SDVOSB small business contracting fraud investigations include:

  • Using your small business status to identify federal set-aside contract opportunities for other small businesses to bid on but to use set-aside status;
  • Instructing other companies on how to prepare SDOVOSB bids
  • Pass-through government contracts in violation of the limitation on subcontracting laws
  • Letting other companies control the service-disabled business

In such SDVOSB fraud cases, you may be served with a civil investigative demand (CID) for allegations of small business contracting fraud or subpoena as part of a federal investigation alleging False Claims Act violations. This is where Watson’s Veterans Affairs False Claims Act defense attorneys can help.

After becoming SDVOSB Certified, What Problems Can You Face During a Criminal Investigation or Post-Indictment for Government Contractor Fraud?

One of the biggest reasons small business owners might face an SDVOSB fraud charge is when the company simply uses its status to get contracts and then passes through work to another company. This not only violates the limitations on subcontracting rules, it also creates additional charges for conspiracy and wire fraud. Experienced government contractor fraud SDVOSB criminal defense lawyers can immediately attack the underlying facts and weaken the foundation of the prosecutor’s case when you are indicted for conspiracy to defraud the United States and wire fraud .

SDVOSB Veterans Affairs False Claims Act defense lawyers: The second most common problem is when you are charged with violating the Federal False Claims Act, where there is an element of intent required to prove fraud against the federal government. Other problems include: violating SBA affiliation and control regulations, and losing the original SDVOSB certification requirements.

If You Are Facing a Government Investigation or Fraud Indictment, Watch This Video and Call Us Afterwards

Federal government contracts may be reserved (sole source or “set aside”) for various categories of small businesses, such that only eligible veteran-owned small businesses in a particular socioeconomic category are eligible to bid on, receive, and perform the contracts.  One such category is a service-disabled, veteran-owned small business (SDVOSB), which is reserved for small businesses owned, controlled, and operated by veterans of the United States military who incurred a disability in the course of their military service to the United States. 

Small Businesses are Targeted for Service Disabled Veteran Owned Small Business SDVOSB Requirements Compliance Violations

Recently, in Anchorage, four individuals involved in a bribery and fraud scheme to obtain SDVOSB contracts with the U.S. Department of Veterans Affairs (VA) were sentenced in federal court. This case serves as an example of why having an experienced SDVOSB lawyer on your team is crucial to your success.

A service-disabled veteran-owned small business fraud case can arise at various stages. Federal prosecutors may allege that false information was provided to the VA or SBA during the application process. SDVOSB procurement fraud False Claims Act cases can also arise from fraudulent information submitted to the federal government during bidding.

Additionally, many cases arise after contract award when the prime contractor violates the limitations on subcontracting rule and conducts what prosecutors call a pass-through to the subcontractor. All of these issues are governed by complex and tricky regulations that our SDVOSB government allegations of small business contracting fraud attorneys and Veterans Affairs False Claims Act defense attorneys can help with.

Real Case Government Contractor Agrees to Pay Record $48.5 Million to Resolve Claims Related to Fraudulent Procurement of Small Business Contracts Intended for Service-Disabled Veterans

February, 2022. Spokane, Washington – TriMark USA, LLC of Mansfield, Massachusetts, agreed to settle and pay $48.5 million to resolve SDVOSB fraud allegations that its subsidiaries, TriMark Gill Marketing and TriMark Gill Group, Inc. (collectively, TriMark), improperly manipulated federal small business set-aside contracts for service-disabled veteran-owned businesses across the United States.

IF YOU ARE UNDER INVESTIGATION, INDICTED / CHARGED, OR FACING TRIAL FOR FALSE CLAIMS ACT SDVOSB CERTIFICATION FRAUD – BUILD A STRONG LEGAL DEFENSE – GET THE GUIDANCE YOU NEED HERE

Nationwide Reach – Washington DC and Denver, Colorado Locations

National Service Disabled Veteran Owned Small Business government procurement attorneys:  Watson & Associates, LLC, a veteran-owned small business with law offices in Denver, Colorado and Washington, DC, understands the challenges that small businesses face in the government contracting procurement marketplace. Our SBA attorneys and SDVOSB Veterans Affairs False Claims Act defense lawyers, we provide assistance during litigation when a company’s SBA certification status is challenged in an SDVOSB eligibility protest or if the SBA or VA issues an adverse decision.

  • We represent veteran owned small businesses in all states involved in federal contract cases

Companies face several legal issues that can complicate their business operations. Disputes may arise due to small business compliance or procurement fraud investigations. Having Service Disabled Veteran Owned Small Business attorneys who understand the substantive issues can make a significant difference.

SBA SDVOSB Lawyer Services

Watson & Associates, LLC’s SBA SDVOSB lawyers and government contracting small business lawyers represent service-disabled veteran small business contractors across the United States.

When federal prosecutors target small businesses for conspiracy to defraud the United States and wire fraud for allegedly obtaining valuable government contracts under small business programs administered by the VA or Small Business Administration (SBA), our federal SDVOSB fraud defense attorneys can help. 

We assist them in avoiding frequent and costly legal mistakes during the contract performance stage and litigation. Our legal services include:

Watch this video to get informed

SDVOSB Attorney Services

Help with the Service Disabled Veteran Owned Small Business program application disputes; VA government contracts;  CVE Status Bid Protests;  Government investigations; VOSB or False Claims Act SDVOSB fraud allegations; SDVOSB Bid protests; Teaming agreements; VA  Joint venture agreements; Small Business size protests and size determinations; SDVOSB mergers and acquisitions; Government Contract claims; SDVOSB Construction contracts ; NAICS Appeals to OHA; veterans choice contracting reviews, Limitations of subcontracting and relationships with large businesses; Suspension and Debarment; Government contract consulting services.

To speak with experienced government small business contract lawyers about Service Disabled Veteran-Owned Small Business bid protests, claims, SBA and VA SDVOSB fraud investigations for government contractor fraud, or appeals, call 1-866-601-5518 for a free initial consultation.

What SBA SDVOSB Certification eligibility requirements must a small business concern meet?

To be eligible for VA contracts for service-disabled veterans, your business must meet certain requirements. The veteran-owned business must have a service-connected disability (permanent and severe disability) determined by the Department of Veterans Affairs (VA) or the Department of Defense. The business must also qualify as small under the assigned NAICS code and have unconditional ownership of at least 51% by the SDVOSB. 13 CFR. 128.200(b), 128.202 and 128.203. The “control” requirement means that “both the long-term decision-making and the day-to-day operations” must be controlled by service-disabled veterans. 13 CFR. 128.203(a).

SDVOSB Surviving Spouse Disputes Lawyers

Often, the SDVOSB certified and qualifying member passes away. A legal dispute arises regarding the business entity’s existence and continuation of business operations. The SDVOSB Surviving Spouse Rule can be confusing. This is especially true when a status bid protest is filed at SBA OHA. Our SDVOSB certification lawyers can represent the business entity in these situations.

Who is a service disabled veteran owned small business surviving spouse?  38 CFR 74.1 provides that a Surviving spouse has the same meaning given to such term in 13 CFR part 125.  An SDVOSB a concern has to be at least 51 percent owned and controlled by a service-disabled veteran. When the veteran owner dies, the concern can keep its SDVOSB status if certain conditions are met.

The surviving spouse must acquire the veteran’s interest and that the veteran be 100 percent service-disabled or died “as a result of a service-connected disability”. If those conditions are met, the firm may still be considered SDVOSB for 10 years, or until the surviving spouse remarries, sells, or otherwise gets rid of the acquired interest. In addition, If a veteran is less than 100 percent disabled and does not die of “as a result of” a service-related disability, the company can remain SDVOSB for a three-year period.  Call Watson & Associates’ LLC SDVOSB defense lawyers for immediate help.

Full-Time Obligation Needed?

Normally, you, the service-disabled veteran “must devote full-time during the business’s normal hours of operations.” Id. Furthermore, “[w]here a. qualifying veteran claiming to control a business concern devotes fewer hours to the business than its normal hours of operation, SBA will assume that the qualifying veteran does not control the concern unless the concern demonstrates that the qualifying veteran has ultimate managerial and supervisory control over both the long-term decision making and day-to-day management of the business.”

What is SDVO Control? Avoid Criminal Liability – Understand the Rules

SBA regulations previously established a rebuttable presumption that a veteran does not control a concern “if that individual is not located within a reasonable. commute to [the] firm’s headquarters and/or job-sites locations.” See 13 CFR 125.14(l) (2022). SBA has since eliminated this presumption; this regulation was no longer in effect at the time Crown submitted its offer. OHA has ruled that outside employment does not impede your ability to make both long term decision making and day-to-day management of the firm required by 13 CFR 128.203(a) and 13 CFR 128.203(i). See VSBC Protest of In and Out Valet Co., SBA No. VSBC-363-P (2024).

There can be no question that your company must be 51 % unconditionally and directly owned by one or more Service-Disabled Veterans or in the case of any publicly owned business, not less than 51% of the stock of the company is owned by one or more Service-Disabled Veterans; and the management and daily business operations of the SDVO SBC must be controlled by one or more service-disabled veterans (or in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran).

Additionally, the qualifying member must control the management and daily operations and hold the highest officer position.  These are frequent disputes that arise in Service Disabled Veteran Owned Small Business False Claims Act criminal cases.

Can you have outside employment as owner of an SBA SDVOSB Business?

SBA regulations prohibit the service-disabled veteran upon whom a concern’s claim of eligibility is based from engaging “in outside employment that prevent[s] [him or her] from devoting the time and attention to the concern necessary to control its management and daily business operations.” 13 CFR 128.203(i).

Can Your SDVOSB status be challenged?

The federal government or an interested party in an SDVOSB set-aside under the Veterans Benefits Act of 2003 provides that the Small Business Administration may verify your eligibility under the SDVO SBC Program.

For sole source procurements, the SBA or the Contracting Officer may protest the apparent successful offeror’s service-disabled veteran-owned business status. For competitive set-asides, any interested party may protest the apparent successful offeror’s SDVO SBC status. In the case of an SDVOSB protest, you must be prepared to provide the SBA with proof of status as a Service-Disabled Veteran

When applying for SDVOSB status, it is crucial to ensure that all regulatory service disabled veteran certification requirements are met before applying to the VA.

At Watson & Associates, LLC, we can assist with disputes involving service-disabled veteran-owned businesses. We understand the importance of showing ultimate control over the business and having the ability to make critical day-to-day decisions. Anything short of ultimate control can result in criminal investigations, intrusive accounting, and oversight by the VA IG team. Our SDVOSB bid protest attorneys are well-equipped to help in these areas.

For Submitting Federal Bids When Is Your Status Count?

In a SDVOSB status protest pertaining to a federal procurement, the date of your status is as of the date of its initial offer or response which includes price. 13 CFR. 134.1003(e)(1).

Do Government contracting rules allow for SBA SDVOSB joint ventures?

Under 13 C.F.R. 125.15(b), a VOSB may enter into a joint venture agreement with one or more other service disabled veteran-owned small businesses for the purpose of performing a government contract. A joint venture of at least one SDVO SBC and one or more other business concerns may submit an offer as a small business for a competitive SDVO SBC procurement so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract.

Self-certification can be done by updating the socio-economic status section of your business profile at SAM.gov. The federal government aims to award at least 3% of government contracting dollars to companies each year. While the Small Business Administration (SBA) has resumed control of program qualifications, self-certification is allowed throughout 2023 to compete for federal contracts. However, the Veterans Administration does not recognize veteran self-certification. If you choose to self-certify, you must still apply for SBA SDVOSB certification by January 1, 2024.

Our SDVOSB verification contracting attorneys can also provide guidance on VA set-asides and contracting. Whether you have a VA construction contract or a service contract, our team can help you navigate the complexities involved. As experts in the Service Disabled Veteran Owned Small Business Program, we can assist with complex SDVSOB government contract claims, veterans choice contracting reviews, disputes over veteran-owned business designations, and appeals to the Civilian Board of Contract Appeals and Court of Federal Claims regarding the Vets First SDVOSB Verification Program.

SDVOSB joint ventures have specific requirements outlined in 13 CFR Section 125.18. These regulations specify that in order for a business concern to be eligible for a federal contract, it must submit appropriate representations and certifications to the contracting officer, including confirming its small size status, SDVO status, and no material changes affecting its SDVSOB status and eligibility. Joint ventures must also meet additional requirements to be considered a VOSB concern.

False Claims Act SDVOSB Fraud Lawyers

As service disabled veteran -owned small business contracting and criminal defense attorneys for veterans, we are experienced in representing small companies facing allegations of major fraud against the United States, SDVOSB fraud, Federak False Claims Act violations, or other criminal acts related to government contracting. Speak to SDVOSB fraud Attorney Theodore Watson.

As False Claims Act SDVOSB attorneys, we can provide representation and legal defense for contractors charged with conspiring to fraudulently use SBA program funds intended for service-disabled veteran’s, or investigated for veteran contracting and government contract fraud, false claims, violating the limitations on subcontracting rules, or any other criminal charge associated with government contracting.

Contact a Service Disabled SDVOSB Certification Lawyer

Call our SDVOSB fraud lawyers and consultants today for legal advice on VA contracts for disabled veterans, how to get certified, SDVOSB joint venture arrangements, VOSB sole-source contracts, government contract fraud and set-aside disputes, or any other related matters. Reach out to Watson & Associates, LLC at 1-866-601-5518.