Tampa Government Contract Fraud Attorneys
Government contract fraud is usually charged as a federal offense, but may also be charged at the state level. Fraudulent government billing charges can damage an individual’s or company’s reputation and business. A conviction may mean a prison sentence for individuals or company directors or officers. In addition, you may face significant fines and the loss of your professional license.
O’Brien Hatfield, has litigated criminal cases against many of the most skilled attorneys in Florida and across the nation. We have defended thousands of cases in state and federal court. We have the experience to protect you from allegations of government contract fraud, as well as the manpower to staff complex white collar cases that may last for months or years.
Our government contract fraud attorneys represent individuals and businesses accused of government fraud, including:
- Defense contractors
- Construction companies
- Health care providers, including doctors, dentists, hospitals, medical suppliers and pharmacies
Fraudulent government contract charges can involve kickbacks, price fixing, overbilling, bid rigging, falsifying invoices, providing substandard goods or services, or charging for goods or services unrelated to the business. Parties charged with government fraud may also be charged with offenses such as mail and wire fraud, accounting fraud and conspiracy.
To convict a party of government contract fraud, the prosecution must prove that a fraudulent claim was knowingly submitted to the government. Our attorneys will work to demonstrate that there was no fraudulent intent. When we get involved early in the case, such as the investigative stage, we strive to prevent the case from progressing to the prosecution stage.
Understanding Federal Procurement Fraud Charges
Federal procurement fraud encompasses various illegal activities during the government contracting process, carrying severe criminal penalties and devastating business consequences. These cases frequently involve prosecution under multiple federal statutes with harsh sentencing guidelines and collateral consequences that extend far beyond incarceration.
Criminal charges in procurement fraud cases typically arise under the False Claims Act, codified at 18 U.S.C. § 287, which addresses fraudulent claims submitted to government agencies. When contract values reach substantial amounts, prosecutors may pursue charges under the Major Fraud Against the United States statute found at 18 U.S.C. § 1031, which carries significantly more severe penalties. This elevation to major fraud status often occurs when alleged losses exceed $1 million, triggering enhanced criminal exposure and mandatory minimum sentences.
The Truth in Negotiations Act (violations form the core of many federal procurement prosecutions. TINA requires contractors to provide accurate, current, and complete cost and pricing information during contract negotiations. Deliberate failures to disclose this data constitute criminal conduct. Prosecutors focus on demonstrating that contractors knowingly withheld or misrepresented financial information to secure more favorable contract terms and inflate profit margins at government expense.
Fraudulent conduct at the bid and proposal stage creates particularly serious exposure. Several categories of front-end fraud commonly trigger federal investigation:
- Bid rigging and collusion: Coordinating with competing contractors to manipulate the bidding process through price fixing, rotating winning bids or other anticompetitive schemes violates federal antitrust laws alongside procurement fraud statutes. These conspiracies undermine fair competition and inflate costs to taxpayers.
- Misrepresenting qualifications: Falsely claiming status as a small business, minority-owned enterprise, veteran-owned company or other designated category to obtain set-aside contracts reserved for qualifying businesses constitutes fraud. These misrepresentations allow contractors to circumvent competitive processes designed to benefit legitimate qualifying entities.
- Product substitution schemes: Proposing compliant materials during bidding but subsequently delivering substandard or nonconforming products violates contract specifications and defrauds the government.
Beyond criminal penalties, including imprisonment and substantial fines, federal procurement fraud investigations create immediate administrative consequences. Government agencies can suspend contractors from receiving new awards during pending investigations. Conviction or even administrative findings of fraud typically result in debarment, permanently excluding the company and potentially related entities from future federal contracting opportunities. For businesses dependent on government contracts, debarment effectively destroys the enterprise, making early intervention by experienced criminal defense counsel absolutely critical when investigations commence.
Speak With A Lawyer As Soon As Possible
For a free initial consultation, please call our Tampa office at 813-440-2347 or contact us online. Our results for many of our clients facing state and federal charges speak for themselves.
