Review various types of procurement fraud and discuss indicators to recognize and prevent fraudulent activities.
Procurement fraud occurs throughout the procurement lifecycle. It can be perpetrated by any individual within the procurement and contracting community, from procurement managers to c-suite executives and can also involve government personnel.
Government contractors must be aware of the common procurement fraud schemes and be able to recognize conduct indicative of procurement fraud. Failure to identify and prevent procurement fraud from occurring subjects government contractors and their employees to administrative, civil, and even criminal liability.
This program will provide an overview of common government procurement fraud schemes, starting from contract formation through contract performance. We will review recent enforcement trends in well-known fraud schemes such as kickbacks, collusive bidding, and small business fraud as well as more nuanced government procurement topics such as subcontractor performance, quality assurance testing, cost accounting, and defective products. Using recent case examples from civil and criminal cases, we will explore the government enforcement lens on these issues and highlight conduct companies should be aware of as part of their compliance efforts.
Learning Objectives
- You will be able to identify the most commonly investigated types of procurement fraud.
- You will be able to recognize signs and indicators of procurement frauds.
- You will be able to explain how procurement fraud is referred to and investigated by the government.
- You will be able to review and evaluate current internal controls within your company to help prevent procurement fraud.
Agenda
Overview of Procurement Fraud Liability
- Civil
- Criminal
- Administrative
Procurement Frauds at Contract Formation
- Anti-Competitive or Collusive Bidding
- Conflicts of Interest and Inside Information
- Kickbacks
- Defective Pricing and Contract Pricing Schemes
Procurement Frauds at Contract Performance
- Product and Materials Substitution
- Labor Category and Employee Qualification Mischarging
- Billing Irregularities
- Subcontractor and Vendor Fraud
- Small Business Partnerships
- Material Purchases, Government Property, and Inventory Abuses
Procurement Fraud Involving Government Personnel
- Bribery
- Gifts and Gratuities
- Meeting Customer Demands
Procurement Fraud Investigations
- Intake and Referral
- Coordination Among Agencies
Speakers
Megan M. Mocho,
Holland & Knight LLP- Partner at Holland & Knight LLP in the Tysons Corner office specializing in white-collar defense of clients in the government contracts and healthcare industries
- •Defends clients facing criminal, civil, or administrative actions brought by the U.S. Department of Justice or agency Inspectors General, including actions arising under the civil False Claims Act, in matters related to procurement fraud, health care fraud, public corruption, procurement integrity (e.g. conflicts of interest, kickbacks, bribery, or gratuities violations), and whistle-blower reprisal; skilled in both small and large-scale internal investigations
- •She helps clients navigate suspension, debarment, and exclusion proceedings, as well as provides advice on self-reporting protocols and mandatory disclosure rules
- •Holds a Top Secret security clearance and is experienced in conducting classified internal investigations and handling criminal cases under the Classified Information Procedures Act (CIPA)
- •A regular speaker and author on matters related to procurement fraud, in particular, the False Claims Act
- •She served on the defense team for Governor Bob McDonnell during the public integrity investigation and trial, has participated in several federal criminal jury trials involving procurement fraud, and includes some of the nation’s largest government contractors and pharmaceutical companies as clients
- •Vice president of the Federal Bar Association’s Qui Tam Section, a group comprised of practitioners and prosecutors specializing in procurement and healthcare fraud
- •Co-editor and chapter author for the PLI Corporate Compliance Answer Book and a regular contributor to the White Collar Investigations, Enforcement, and Business Risk Mitigation class at the University of Virginia School of Law
- •Member of the bars of Virginia and Maryland
- •J.D. degree, George Washington University Law School; B.B.A. degree in accounting and finance, cum laude, University of New Mexico
Who Should Attend
This live webinar is designed for Purchasing managers, material managers, presidents, vice presidents, business owners and managers, CFOs, controllers, accountants, contract administrators, operation managers, inventory specialists, buyers, manufacturers, and attorneys.
