Federal funds, whether received through a contract, grant, cooperative agreement, loan, or otherwise, always come with “strings” (e.g., compliance and performance obligations) attached, which the government often strictly enforces. These strings may create significant pitfalls for federal contractors and award recipients, and missteps may lead to government investigations, mandatory disclosure obligations, and/or civil and criminal penalties.
When such issues arise, we have a team with deep experience, including former civil and criminal prosecutors and government agency attorneys, to assist clients in conducting privileged internal investigations, defending against False Claims Act (FCA) lawsuits (including qui tam actions brought by whistleblowers), making mandatory disclosures, and advising on compliance with laws and regulations applicable to federal funding.
Our attorneys routinely conduct internal investigations on, for example, CONUS, OCONUS, classified and unclassified contracts, including performing document collection and review, conducting interviews, evaluating potential exposure, and advising management of possible paths forward. When warranted, we assist clients with preparing disclosures under the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule (i.e., FAR 52.203-13) and other statutes or regulations that require disclosure, and help clients resolve the matter disclosed with the government.
Our attorneys have deep experience with a wide range of government investigations related to federal awards and procurement contracts. We regularly handle investigations by the Department of Justice (DOJ) and audits and investigations by agency Offices of Inspector General (OIG), including those of the Department of Defense, Department of Veterans Affairs, Department of Health and Human Services, Small Business Administration, General Services Administration, and Department of Housing and Urban Development, among others.
Our broad experience includes investigations involving allegations of fraud or false statements, the FCA, the Anti-Kickback Act, the Procurement Integrity Act, antitrust laws, securities laws, defective pricing (including compliance with the price reductions clause), and regulatory violations, as well as handling suspension and debarment matters related to investigations. We regularly collaborate with our colleagues in the White Collar Defense & Special Investigations Practice and other practices to provide our clients with guidance to help them achieve their goals.