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Government Contract Fraud (From White-Collar Crime: Fifth Survey of Law, P 875-898, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

NCJ Number
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 875-898
W S Malarkey
Date Published
24 pages
This article provides an overview of the Federal government's efforts to control government contract fraud.
An investigation of bribery and contract fraud at the Pentagon in 1988 led Congress to pass the Major Fraud Act of 1988, which created a new offense of procurement fraud for any government contract fraud in excess of $1 million. Those convicted of procurement fraud are subject to fines of up to $1 million or imprisonment for up to 10 years, or both. Several entities in the executive branch are responsible for combatting procurement fraud. Nineteen Federal agencies have Inspectors General, and additional audit and investigation responsibilities are carried out by the Defense Contract Audit Agency, the Department of Justice, the United States Attorneys Office, and the Federal Bureau of Investigation. Targeted conduct such as defective pricing, mischarging, bid collusion, and product substitution are discussed in detail, as are bribes, gratuities, and conflicts of interest. Statutes under which charges of government contract fraud can be brought are also identified, and relevant investigative procedures and case law are discussed. Ways to prevent government contract fraud, including industry self governance, internal auditing, and compliance reviews are highlighted. 219 footnotes.


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