PilieroMazza serves clients in highly regulated industries, from those in the federal and state procurement space, to healthcare and financial services. A common denominator of these industries is the need for close compliance with the governing requirements and the ability to identify and mitigate associated risks. PilieroMazza regularly assists clients with audits and investigations to understand and identify possible violations of applicable laws and regulations impacting government contracts, labor and employment, and corporate issues. Our team moves rapidly to perform internal investigations, develop the company’s response strategy, and prepare confidential and privileged reports to give executives and in-house counsel the tools necessary to best address the situation and mitigate business risk.
Noncompliance penalties could include:
Noncompliance penalties could include:
- losing government contractor status for 5 to 7 years;
- withholding of contractor's payment;
- interrupting contractor's business operations; and
- paying attorneys' fees, awards, and damages.
We regularly assist companies in responding to inquiries or subpoenas from the offices of various Inspectors General (IG), the Department of Justice (DOJ), and local regulators. Our attorneys have the knowledge and experience to navigate the interactions with the investigator, develop a strategy, and lead the company’s response. We utilize cost saving e-discovery techniques and, when appropriate, prepare responses and proffers to stop or curtail an investigation. We also negotiate settlements and, if the investigation spawns litigation, we call on our team of skilled litigators.
PilieroMazza handles the full lifecycle of audits and investigations in a wide variety of subject matters.
The types of matters the attorneys at PilieroMazza handle and the services provided include, but are not limited to, the following:
- Procurement fraud, including False Claims Act, small business program compliance, FAR compliance, cost/pricing/billing issues, and contract performance issues
- Violations of state and federal labor laws
- Cybersecurity compliance
- Compliance with internal human resources policies and procedures
- Compliance with corporate governing documents, such as bylaws and operating agreements
- Securities law compliance
- Crisis management and development and dissemination of internal and external messaging
- Conducting internal investigations, interviewing witnesses and employees, and preparing confidential and privileged investigation reports
- Responding to internal whistleblower complaints on a wide variety of issues, ranging from employment law violations to False Claims Act violations or allegations of embezzlement
- Crafting required disclosures to state and federal regulators after an internal investigation and strategizing related impact mitigation and post-disclosure negotiations
- Responding to subpoenas and similar inquiries from state and federal IGs, the DOJ, other state and federal regulators, and suspension and debarment officials
- Responding to proposed suspension and debarment notices, including internal investigations, implementing corrective measures, presentations to government officials, and negotiating or litigating to resolve the suspension or debarment
- Defending lawsuits arising out of a federal or state investigations, including False Claims Act and fraud litigation cases
Examples of audits and investigations matters for which we have been engaged:
- We have successfully assisted numerous clients in responding to and resolving inquiries from the SBA IG regarding compliance with various small business programs, including responding to subpoenas and interviews with IG agents.
- We represented a client in a multi-year government investigation relating to our contract billing. Our role included interfacing with the government on behalf of our client, conducting a parallel internal investigation, and drafting reports to company management. Ultimately, the government did not bring charges against our client.
- We successfully resolved a proposed debarment due to an investigation into allegations of price independence. We assisted the client with an internal investigation, corporate restructuring, and implementation of other measures to demonstrate the company’s present responsibility which led to an administrative agreement with the government rescinding the proposed debarment.
- We have helped numerous clients to respond to and successfully resolve DOL audits relating to Service Contract Act compliance.
- We have helped prime contractors prepare for and pass audits of their subcontracting plans by the SBA and the DCMA.
- We have represented clients in connection with audits of compliance with the limitations on subcontracting.
- We have conducted internal investigations for clients with suspected billing inaccuracies, including as a result of whistleblower complaints, and counseled them on whether a mandatory disclosure was necessary.
- We investigated allegations of employee theft and a potential scheme to defraud the company of millions of dollars.