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Largest-Ever Small-Business Contracting Fraud Settlement Related to Pass-Through Subcontracting

By Edwin O. Childs, Michael J. Podberesky, Todd R. Steggerda, Jason M. Vespoli & Sydney L. Snower on March 28, 2022
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Federal contractors should take note of a $48.5 million False Claims Act settlement between the Department of Justice and TriMark USA LLC — the largest-ever FCA settlement based on allegations of small-business set-aside contracting fraud. DOJ alleged that TriMark had a plan to circumvent specific small-business contracting requirements by providing significant assistance to three small companies — distributors and resellers for TriMark products — in obtaining set-aside contracts they would pass along to TriMark for performance.

Read on to learn why manufacturers, suppliers, developers and distributors that closely influence and control their distribution networks and reseller partners should take note of this settlement and ensure they have adequate compliance policies and procedures in place to avoid similar conduct allegations and repercussions.

Photo of Edwin O. Childs Edwin O. Childs

Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His practice, spanning more than a decade in Washington, encompasses a broad array of legal…

Ned Childs is a government contract and investigations and enforcement attorney who represents companies across a wide range of sectors, including the defense, services, technology, and aerospace industries. His practice, spanning more than a decade in Washington, encompasses a broad array of legal services, including government contract investigations, disclosures, and regulatory enforcement actions; bid protests and government contract disputes; government contract counseling; export licensing and enforcement; prime contractor-subcontractor disputes; corporate ownership and acquisition issues; and election law investigations and enforcement matters.

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Photo of Michael J. Podberesky Michael J. Podberesky

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing…

Michael Podberesky, a former federal prosecutor in the U.S. Department of Justice’s Civil Fraud Section, is a partner in the firm’s nationally recognized Government Investigations and White Collar Litigation Department and co-chair of the False Claims Act Investigations, Litigation and Enforcement team. Employing his extensive experience with False Claims Act cases in the healthcare and defense sectors, Michael represents clients confronting high-stakes government investigations and litigation arising from allegations of healthcare and procurement fraud and also counsels clients regarding compliance issues.

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Photo of Todd R. Steggerda Todd R. Steggerda

Todd Steggerda is Chair of the firm’s Government Investigations and White Collar Litigation department, which was recently recognized by Law360 as a Practice Group of the Year. In a dynamic practice spanning nearly 20 years in Washington, Todd has resolved a diverse range…

Todd Steggerda is Chair of the firm’s Government Investigations and White Collar Litigation department, which was recently recognized by Law360 as a Practice Group of the Year. In a dynamic practice spanning nearly 20 years in Washington, Todd has resolved a diverse range of high-stakes government investigations and regulatory enforcement matters for companies operating in the defense, national security, technology, healthcare and other sectors, including dozens of matters investigated by the civil and criminal divisions of the Department of Justice and the Department of Defense. Todd previously served as Chief Counsel to a Presidential Campaign.

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Photo of Jason M. Vespoli Jason M. Vespoli

Jason focuses his practice on federal and state procurement, government technology, bid protests and government contract disputes, and regulatory compliance. He utilizes experience in state government, government technology, and complex procurement to solve problems in innovative and efficient ways.

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Photo of Sydney L. Snower Sydney L. Snower

Sydney is a member of the firm’s Government Investigations and White Collar Litigation practice. Her practice focuses on criminal and civil investigations, including in the financial services, government contracting, aviation, and accounting industries.

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  • Posted in:
    Administrative, Corporate & Commercial
  • Blog:
    The FCA Insider
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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