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Contractors
are
increasingly
under
the
scrutiny
of
Government
auditors,
investigators
and
regulators
searching
for
fraud,
waste
and
abuse
in
Government
contracting,
as
well
as
corporate
misconduct
by
publicly
traded
corporations.
Even
apparently
innocent
mistakes
can
be
perceived
as a
violation
of
law
resulting
in
significant
problems
for
contractors,
which
can
range
from
damage
and
penalty
claims
to
forfeiture
on
the
civil
side
and
from
investigations
to
criminal
prosecution
on
the
criminal
side.
Recognizing
the
importance
of
these
issues
to
government
contractors,
P&A’s
experienced
lawyers
offer
legal
representation
and
counsel
that
ranges
from
avoidance
(developing
and
implementing
compliance
programs
and
oversight)
to
the
defense
of
our
clients
in
litigation—both
civil
and
criminal.
In
this
minefield
of
potential
liability,
our
Government
contract
and
compliance
attorneys
represent
clients
in
connection
with
Government
audits
and
investigations
of
suspected
contract
fraud,
including
potential
violations
of
federal
statutes
such
as
the
False
Claims
Act
and
the
Truth
in
Negotiations
Act.
This
often
involves
advising
our
clients
on
how
to
properly
respond
to
subpoenas,
search
warrants
and
informal
requests
for
information
by
inspector
generals,
auditors
of
the
Defense
Contract
Audit
Agency,
and
investigative
officers
of
federal
agencies.
We
also
have
the
resources
and
expertise
to
represent
our
clients
before
grand
juries.
Our
compliance
group
includes
lawyers
with
substantial
civil
fraud
experience,
as
well
as a
former
criminal
prosecutor
and
a
former
federal
investigative
agent.
Our
attorneys
have
conducted
numerous
internal
investigations
to
independently
determine
whether
clients
may
be
at
risk
and
to
advise
their
management
teams
accordingly.
We
also
assist
clients
in
developing
or
revising
their
internal
corporate
processes
and
procedures
to
avoid
compliance
problems
and
to
convince
the
Government
that
our
clients
are
responsible
contractors
that
should
not
be
suspended
or
debarred.
Sometimes
Government
auditors
question
whether
certain
costs
are
allocable,
allowable
and
reasonable
under
federal
cost
principles
as a
matter
of
contract
administration
to
determine
if a
potential
false
claim
may
be
involved.
Our
attorneys
have
extensive
experience
with
the
complex
and
esoteric
cost
accounting
rules
that
apply
to
Government
contracts
and
advise
their
clients
accordingly.
Besides
investigating
and
advising
clients
on
compliance
with
federal
civil
and
criminal
statutes,
our
attorneys
have
investigated
potential
violations
of
the
Sarbanes-Oxley
Act
by
publicly
traded
contractors
and
have
provided
advice
to
our
clients’
management
teams
as
to
ways
that
their
internal
controls
may
be
improved
to
avoid
Sarbanes-Oxley
compliance
problems.
Our
compliance
capabilities
include
the
representation
of
clients
in
civil
and
criminal
actions
brought
under
the
qui
tam
provisions
of
the
federal
False
Claims
Act,
as
well
as
the
comparable
false
claims
statutes
of
individual
states.
Our
experience
includes
audits
and
investigations
arising
from
alleged
defective
pricing,
labor
and
per
diem
mischarging,
and
product
substitution,
among
others.
In
one
recent
False
Claims
Act
case,
our
attorneys
obtained
summary
judgment
for
two
different
clients
against
a
qui
tam
plaintiff’s
claims
for
millions
of
dollars
for
alleged
false
claims.
In
another
False
Claims
Act
case,
our
attorneys
successfully
mediated
a
multi-million
dollar
U.S.
Department
of
Justice
claim.that
had
been
filed
in
federal
district
court.
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