Criminal Antitrust Government Contract Fraud | William Mauzy, Attorney at Law

Some parties may enter the contracting process with a local, state, or federal government agency to obtain an improper benefit through fraudulent actions. Government contract fraud represents a serious criminal offense because it can lead to the loss of the public’s tax dollars. As a result, state and federal prosecutors vigorously pursue charges against those suspected of government contract fraud. When you face prosecution for fraudulent activity, you need seasoned legal counsel to help level the playing field. Contact Mauzy Law Office, P.A., today for an initial case evaluation with a criminal defense attorney to discuss your legal options for seeking a favorable outcome to your government contract fraud charges.

Understanding Government Contract Fraud

A person may commit a criminal offense when they intentionally or knowingly deceive a local, county, state, or federal government agency as part of the contracting process or during a contractual relationship with the government to obtain an improper financial benefit from the government. Government contract fraud can result in the waste of public funds or the wrongful deprivation of contractual opportunities from other contractors or vendors by government agencies.

Common examples of government contract fraud include:

Billing fraud, such as sending false or inflated invoices
Substituting goods without approval or delivering substandard or nonconforming products
Paying kickbacks or bribes to secure contracts
Providing false certifications required for contract bidders
Bid rigging or collusion among bidders

Federal and State Laws Governing Government Contract Fraud

A person who commits fraud in connection with a government contract may face various criminal charges. State or local government contracts can lead to prosecution under Minnesota law, including charges for presenting false claims to a public officer or body, permitting false claims against the government, or embezzlement of public funds.

For federal contracts, parties who engage in fraudulent activity may face various types of criminal charges based on the nature of their conduct, such as:

Providing Prohibited Kickbacks – A person may not provide, offer, or attempt to give a kickback, solicit or accept a kickback, or include the amount of a kickback in a contract price. The law defines a kickback as any money, fee, commission, credit, gift, gratuity, or thing of value that one offers or gives to obtain or reward favorable treatment in connection with a government contract.
Embezzlement of Public Money – A person may commit a crime if they steal or convert any money or thing of value belonging to the federal government or any property made under contract for the federal government.
Theft or Bribery Concerning Programs Receiving Federal Funds – An individual may face prosecution if they steal or fraudulently obtain anything valued at $5,000 or more belonging to or under the custody of a government agency or corruptly give, offer, or agree to give anything of value to any person with the intent to influence or reward a government employee in connection with any transaction of a government organization.

Penalties for Government Contract Fraud

Penalties for a criminal conviction relating to government contract fraud can vary based on the specific charges involved. Under Minnesota law, a conviction for stealing or embezzling government funds through contract fraud can lead to a sentence of up to five years in prison, a fine of up to $10,000, or both when an offense involves $2,500 or less, or up to 10 years in prison, a fine of up to $20,000, or both when an offense involves more than $2,500. A conviction for permitting false claims against a state or local government can impose a sentence of up to five years in prison, a fine of up to $10,000, or both.

In a federal prosecution, penalties for conviction can include:

Violations of the Anti-Kickback Law – Up to 10 years in prison, a fine, or both
Embezzlement of Federal Funds – Up to 10 years in prison, a fine, or both (or up to one year in prison, a fine, or both for an offense involving $1,000 or less)
Theft or Bribery Involving Programs Receiving Federal Funds – Up to 10 years in prison, a fine, or both

In addition to criminal penalties, parties who engage in government contract fraud may also face civil liability under the federal False Claims Act or the Minnesota False Claims Act, which prohibits presenting a false or fraudulent claim for payment or approval or making or using a false record or statement for a false or fraudulent claim.

Defending Against Government Contract Fraud Charges

A person facing prosecution for government contract fraud may assert various defenses against their charges. Common defense strategies include:

Lack of Intent – Defendants may argue that they did not intend to defraud the government when contracting with a government agency.
Lack of Knowledge of Fraudulent Activity – A person charged with government contract fraud may assert they did not know about the efforts of others in their organization to obtain a benefit through contract fraud.
No Fraudulent Activity – A defendant may argue that information or documents provided in connection with a government contract do not contain fraudulent or misleading information.
Good Faith Reliance – A contracting party may claim they acted in good faith in reliance on bidding instructions, directions from government officials, or advice of legal counsel when preparing a bid or contract.
Entrapment or Coercion – A defendant may claim they engaged in government contract fraud, such as by providing bribes or kickbacks, at the direction or encouragement of government officials or law enforcement when they otherwise had no intent to engage in such fraudulent activity.
Improperly Obtained Evidence – Defendants may seek to exclude evidence or statements from the prosecution’s case by arguing that investigators obtained them through improper means, such as an unlawful search or an interrogation that violated a suspect’s rights.

Why Choose Mauzy Law Office, P.A.?

When you get arrested for committing government contract fraud, you need seasoned legal guidance to protect your rights, reputation, and future. Turn to a federal crimes defense lawyer from Mauzy Law Office, P.A., to help you resolve criminal charges of government contract fraud because:

Our attorneys have over three decades of experience representing clients in complex white-collar cases. We have a proven track record, including over 100 trial victories in state and federal courts.
Attorney William Mauzy holds board certifications as a criminal trial specialist from the Minnesota State Bar Association and the National Board of Trial Advocacy. He has received numerous awards and recognition for his work on behalf of clients, including Best Lawyers in America and Top 10 Lawyers in Minnesota. He has also earned selection as a fellow of the American College of Trial Lawyers, an honor held by the top 1 percent of trial lawyers in the country. Attorney Mauzy has also appeared in numerous media outlets, including The Wall Street Journal and The New York Times, as well as on CBS, CNN, NBC, ABC, and FOX.
When you choose our firm to represent you in a government contract fraud case, you can rest assured that we will work tirelessly to ensure you have aggressive legal advocacy at every stage of your matter, including before arrest or trial, helping you obtain an efficient resolution to your charges.

Contact Our Firm Today to Discuss Your Legal Options

When you face an investigation or have been arrested for government contract fraud, get the legal help you need to pursue a favorable resolution to your situation. Contact Mauzy Law Office, P.A., today for a confidential consultation with a knowledgeable criminal defense attorney to discuss your options for facing your charges.