Government Contracts Investigations

Congressional investigations. We help clients prepare for and understand the unique dynamics of congressional investigations and their impact on concurrent or potential criminal investigations.

• Incident involving off-duty security personnel. Represented a security contractor in connection with a hearing before the Senate Armed Services Committee and a related investigation following a shooting in Afghanistan by an off-duty security professional.
• Supply chain review for aerospace company. Represented an aerospace company in connection with the Senate Armed Services Committee’s investigation of counterfeit parts in the defense supply chain.
• Alleged technology-related antitrust activity. Represented a leading technology company and its chief counsel in a Senate Judiciary Committee antitrust investigation
• Accident involving a national energy laboratory. Represented a Department of Energy (DOE) management and operations contractor in connection with a hearing before the U.S. House of Representatives oversight committee

Suspension and debarment. We help clients evaluate, monitor, and manage required disclosures, achieve successful outcomes, and maintain eligibility for new contracts and awards.

• Government Investigation. After pre-sale diligence uncovered a small business contracting issue, C&M conducted an investigation and convinced the government that our client did not commit small business fraud. The company received a clean bill of health from multiple suspension and debarment offices, the DoD OIG, and the SBA. C&M also assisted corporate transactional counsel in presenting the investigation findings to the buyer and multiple auditors, ultimately permitting the company to be sold.
• Post-clean up clean-up for disaster-services company. Achieved the reversal, within 60 days of being retained, of the suspensions of a disaster-services contractor and several other respondents, after other law firms had been unsuccessful during the previous 11 months.
• Reversal of education-industry suspension. Negotiated an administrative resolution to and lifting of the Department of Education’s suspension and debarment of a financial-services company that handles federally backed and guaranteed loans.
• Restoring an imaging company’s image. Represented a client in a Department of Homeland Security suspension and debarment proceeding arising under a Transportation Security Administration (TSA) advanced imaging technology (AIT) contract.

Internal investigations. We have the insight and efficiency to conduct large, complex, and multinational corporate internal investigations in a wide variety of industries and across the spectrum of legal and regulatory issues.

• Conducting an internal investigation for a high-tech surveillance provider. Advised our client in a matter involving allegations of unfair competitive advantage under a joint military program.
• Reviewing time tracking and billing for a communications company. Conducted an internal investigation into time charging issues with respect to an Air Force communications program.
• Confirming proper use and management of government property. Conducted an internal investigation related to the handling of government-furnished property.
• Examining technology testing and quality issues. Conducted multiple internal investigations related to the testing and quality of high-tech components being sold to multiple government customers.
• Protecting a small business. Conducted an internal investigation related to the small-business status of a family-owned business and persuaded the Air Force not to prosecute the company.
• Resolving an investigation into kickbacks. Conducted an internal investigation into alleged kickbacks paid by a subcontractor.
• Addressing defective pricing claims under the GSA. Conducted internal investigations into violations of defective pricing and the price reduction clause for GSA contractors including a major international software developer, health care device manufacturer, electronics producer, and an environmental consulting firm.
• Protecting pharmaceutical manufacturers. Conducted internal investigations related to price ceilings under the Federal Supply Schedule and the Veterans Health Care Act of 1992 and advised regarding mandatory disclosures.

False Claims Act. We have investigated and handled hundreds of False Claims Act, including winning a number of landmark appellate cases in federal circuit courts across the country.

• Prevented the flow of damages in a $220 million DOJ case. Prevailed against a Department of Justice appeal of a lower-court award of zero damages (penalties only) in a case involving allegations of excessive commissions paid to and bribery of foreign officials in connection with sales of pumping and irrigation equipment.
• Helped an aerospace company appeal a $1.2 billion qui tam case. Achieved a favorable jury verdict in a case in which the relator alleged that an aerospace and defense contractor had submitted false cost estimates on a government contract, and subsequently defeated the relator’s appeal in the U.S. Court of Appeals for the Ninth Circuit.
• Refuted allegations involving military software sales. Represented a client in an investigation and qui tam case involving sales of software to Israel under the Foreign Military Financing Program.

Crises, incidents, and breaches.

• Post-incident response for security contractor. Helped a primary contractor investigate a tragic shooting involving a subcontractor’s employee, including working with government investigators, developing more robust subcontractor vetting measures, and establishing procedures to provide even greater oversight over the screening of subcontractor employees.
• Clearing up an environmental investigation. Helped a management and operations contractor investigate an environmental release, including working with government investigators, analyzing subcontractor responsibility, and assisting with related contract issues.