A Call to Action: Re-arming the Government in the War Against Defense Procurement Fraud
Fraud has been a persistent threat to the integrity of the federal procurement system, especially for the American military, since the days of the American Revolution. Recent reports of corrupt contractors and corrupted government officials clearly show that the problem remains unabated. This is a study of the history of procurement fraud, with a particular focus on the defense industry, an analysis of various systemic failures in the government s corruption control legal regime, and a series of proposals to strengthen the government s ability to combat it. About the author: Michael J. Davidson enlisted in the U.S. Army in 1977. He graduated from West Point in 1982 and served as both an artillery officer and as an Army lawyer before retiring as a Lieutenant Colonel in 2002. He is currently a lawyer with the federal government. After obtaining his law degree from the College of William and Mary, he obtained a master s degree in military law from the Army s Judge Advocate General s School, a second master s degree in government procurement law from George Washington University, and a Doctor of Judicial Science from George Washington University. As a lawyer, he has experience with procurement fraud in the criminal, civil, administrative and contractual contexts. He lives in Fairfax, Virginia with his wife, Nancy, and their three daughters."
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AN OVERVIEW OF THE GOVERNMENTS FRAUD
VOLUNTARY DISCLOSURE PROGRAM
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ABA Report acquisition action administrative agency anti-fraud applies attorney-client privilege authority Bednar citations omitted civil False Claims communications Congress contracting officer convicted corruption court criminal defense contractor defense industry Defense Industry Initiative defense procurement fraud Department of Defense Department of Justice determined disclosed DoD IG Report DoD PFF DOJ's Ethics ex parte contact ex rel False Claims Act fiscal former employee Fraud Civil Remedies Further Government Accountability Office government's Grand Jury health care fraud hereafter DoD IG Inspector Iraq joint defense arrangement joint defense privilege kickbacks lawyer legislative LEXIS litigation Lugosch military misconduct Neuberger Berman party PAYGO permitted PFCRA procurement system Program Fraud Civil prosecution recoveries representation represented reviewing official Semiannual Report settlement small dollar fraud statute statutory Supp Supp.2d supra note 85 Suspension and Debarment United States Attorney United States ex violation Voluntary Disclosure Program waiver