Author Archives: Jacob Dean

Jacob Dean
Jake Dean is an associate in the Alston & Bird's Construction & Government Contracts Group.  Read More

DOJ Continues to Crack Down on SBA Fraud

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On April 25, 2017, the DOJ announced that Michelle Cho, an officer of Far East Construction Corporation and other companies, received both prison time and civil penalties for her involvement as the mastermind of a fraudulent scheme to defraud the Small Business Administration’s (SBA) 8(a) program. Under this scheme, Cho would bid for set-aside contracts for small, disadvantaged businesses under the SBA 8(a) program. However, Cho’s companies would not perform this work. Instead, other large companies would perform this work and pay 3 percent of the proceeds to Cho’s companies. This is another [...]Read more

The Trump Administration’s Move Toward Pro-Employer Policies

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On March 27, 2017, President Trump signed House Joint Resolution 37 under the Congressional Review Act, which in essence blocked the Fair Pay and Safe Workplaces Executive Order (the “Blacklisting Rule”) signed by President Obama. By signing this Resolution, the Blacklisting Rule and the Department of Labor guidance remain in place, but as a practical matter will not be enforced by the Trump Administration. This Resolution will have minimal impact on government contractors in the short term since the Eastern District of Texas already issued a preliminary injunction in 2016 enjoining the implementation [...]Read more

A Summary of the Department of Justice’s 2015 False Claims Act Review

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The False Claims Act (FCA) again proved itself to be the government’s primary tool to combat procurement fraud. According to the Department of Justice, in 2015 alone, the government recovered more than $3.5 billion from FCA settlements and judgments for the fourth year in a row, bringing the total recovery since January 2009 to $26.4 billion. Of the $3.5 billion recovered last year, roughly $1.1 billion came from settlements and judgments in cases alleging false claims for payment under government contracts, raising the total recovery for government contracts and procurement fraud settlements [...]Read more

Proposed Rule Requires Prime Contractor to Report Late or Reduced Payments to Small Business Subcontractors

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On January 20, 2016, the Department of Defense, General Services Administration, and NASA issued a proposed rule to amend the FAR and implement a section of the Small Business Jobs Act of 2010. This proposed rule, which will implement Section 1334 of the Small Business Jobs Act of 2010 and the Small Business Administration’s (SBA) implementation of Section 1334, requires that, among other things, a prime contractor (1) notify the contracting officer, in writing, if the contractor makes a reduced or untimely payment to a small business subcontractor; and (2) disclose the reasons for the reduced [...]Read more