I like it. Anything that gets the companies to do the right thing is a good thing. So if the Corporate Whistle Blower Center can help contractors that have identified waste, fraud, and abuse in their companies, then I dig that. Especially if they can help those contractors get the reward that comes with reporting such abuse.
What I believe this organization is referring to when talking about a reward is the provisions within the False Claims Act. I mentioned this law as a primary driver on why AGNA settled in the case with James Gordon. Here is a quick summary of the Lincoln Law.
The False Claims Act (31 U.S.C. §§ 3729–3733, also called the “Lincoln Law”) is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. The law includes a “qui tam” provision that allows people who are not affiliated with the government to file actions on behalf of the government (informally called “whistleblowing”). Persons filing under the Act stand to receive a portion (usually about 15–25 percent) of any recovered damages. Claims under the law have typically involved health care, military, or other government spending programs. The government has recovered nearly $22 billion under the False Claims Act between 1987 (after the significant 1986 amendments) and 2008.
The other reason why there is more interest in these kinds of cases is that companies will be hurt in any bidding process for government contracts, if they are charged with False Claims or in litigation. It is the primary reason why AGNA settled, so that it would not stop them from pursuing contracts. Here is a link to the FAR 52.207-1 that details what I am talking about. I also put that section up below this article.
Now just for clarification, I am not affiliated with this group, nor can I vouch for their effectiveness. They are just another option for contractors to use, and of course do your own research and put together a good strategy before getting into this stuff. –Matt
Corporate Whistle Blower Center Urges U.S. Contractor Employees in Afghanistan and Iraq to Step Forward for Huge Rewards if They Can Prove Massive Fraud
Tuesday, September 6, 2011
The Corporate Whistle Blower Center is urging employees of major U.S. federal contractors, or subcontractors, that have been defrauding the US taxpayer in Afghanistan, or Iraq to step forward, for what could be enormous rewards, provided they can prove it. An independent panel investigating wartime spending estimates that as much as $60 billion has been lost to waste and fraud over the past decade in Iraq and Afghanistan. In its final report to Congress, the Commission on Wartime Contracting said the figure could grow larger as U.S. support for reconstruction projects and programs wanes and Iraq and Afghanistan are unable to sustain the schools, medical clinics, roads and power plants already built with American tax dollars. The Corporate Whistle Blower Center says, “In actuality we are pretty sure in many cases the schools, power plants, or medical clinics were never completed, and in other instances we know federal subcontractors gouged the U.S. government, and the taxpayers on everything from over inflated fuel, or food prices, to pretty much you name it. As long as you can prove it, and the amount exceeds two million dollars, there can be huge rewards for this type of information, as long as its substantial proof, and credible. If you possess this type of information please call us at 866-714-6466, because we would welcome the chance to explain the federal whistleblower reward programs to you.”
September 06, 2011
The Corporate Whistle Blower Center is strongly encouraging employees of federal contractors, or their subcontractors, that were providing any type of service in Afghanistan, or Iraq to step forward, if they possess significant proof of overbilling, or defrauding the U.S. federal government, because the rewards can be enormous. The group says, “If a government type panel says the fraud is sixty billion dollars in Iraq, or Afghanistan, its probably more like a hundred billions dollars plus, and provided you have substantial proof, and the proof is easy to understand, and black, and white, the rewards can be huge.” The Corporate Whistle Blower Center says, “When it comes U.S. contractors, or subcontractors defrauding the U.S. taxpayer we think in some instances it could be in the tens, or hundreds of millions of dollars, and it runs the gamete from construction, or infrastructure projects, that were not properly done, or not done at all, to food, fuel, engineering services, to you name it. And, we are pretty sure there are hundreds, or thousands of individuals, who possess the proof it happened. To us this type of solid proof is like having a winning lotto ticket, and we’d like to explain how the U.S. Federal Whistleblower programs work.” For more information please contact the Corporate Whistle Blower Center anytime at 866-714-6466, or contact the group via its web site at http://CorporateWhistleBlowerCenter.Com
Simple rules for a whistleblower from the Corporate Whistle Blower Center:
• Do not go to the government first, if you are a major whistleblower. The Corporate Whistle Blower Center says, “Major whistleblowers frequently go to the federal government thinking they will help. Its a huge mistake. Frequently government officials could care less, or they are incompetent.”
• Do not go to the news media with your whistleblower information. Public revelation of a whistleblower’s information could destroy any prospect for a reward.
• Do not try to force a government contractor, or corporation to come clean to the government about their wrong doing. The Corporate Whistle Blower Center says, “Fraud is so rampant among federal contractors, that any suggestion of exposure might result in an instant job termination, or harassment of the whistleblower. We say, come to us first, tell us what type of information you have, and if we think its sufficient, we will help find the right law firms, to assist in advancing your information.”
Any type of insider, or employee, who possesses significant proof of their employer, or a government contractor fleecing the federal government is encouraged to contact to Corporate Whistle Blower Center anytime at 866-714-6466, or they can contact the group via their web site here.—————————————————————
52.209-5 Certification Regarding Responsibility Matters.
As prescribed in 9.104-7(a), insert the following provision:
Certification Regarding Responsibility Matters (Apr 2010)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.