Government Contracting Fraud Defense Attorneys in Washington, DC
Government contracting is a massive sector of the U.S. economy. Federal, state, and local agencies rely on thousands of contractors—large corporations, small businesses, and individual consultants—to supply goods, services, technology, and specialized expertise. Because billions of dollars flow through these contracts, the federal government aggressively investigates and prosecutes suspected fraud.
Government contracting fraud cases are complex and often involve extensive documentation, technical work, regulatory requirements, and high-stakes financial exposure.
What is Government Contracting Fraud?
Government contract fraud refers to any attempt to defraud the United States government or its agencies through improper billing, misrepresentations, or misuse of contract funds. These cases can involve:
- Large corporations with multimillion-dollar contracts
- Defense contractors and subcontractors
- Construction companies and suppliers
- Healthcare providers billing federal programs
- Technology and cybersecurity contractors
- Individual employees or consultants working under a government contract
Fraud allegations may arise under federal criminal statutes, civil statutes, and administrative rules. Many cases are also brought under the False Claims Act (FCA), which imposes treble damages and harsh penalties.
Government contractors are expected to comply with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and various agency-specific rules. Violations—whether intentional or accidental—can lead to serious consequences.
What Are Types of Government Contracting Fraud?
Government contracting fraud can take many forms. Some of the most frequently investigated categories include:
Overbilling and False Claims. This is often charged under the False Claims Act or wire fraud statutes. Charging for goods or services that were:
- Never delivered
- Improperly performed
- Overstated or misrepresented
- Billed at higher-than-authorized rates
Misrepresentation of Costs or Pricing Data. Contractors may be accused of submitting inaccurate or incomplete data in negotiations, violating the Truthful Cost or Pricing Data Act (formerly TINA).
Product Substitution and Supply Chain Fraud. Providing products that do not meet contract specifications, including:
- Inferior materials
- Unauthorized substitutes
- Non–Made in America components where domestic sourcing rules apply
Kickbacks and Bid-Rigging. Improper payments or collusion during bidding or subcontractor selection may be charged under the Anti-Kickback Act or antitrust statutes.
Fraudulent Small-Business or Minority-Business Certifications. Companies sometimes face allegations of misrepresenting eligibility for:
- SBA 8(a) programs
- Service-Disabled Veteran-Owned (SDVOSB) status
- Woman-Owned Small Business (WOSB) status
- HUBZone programs
Timekeeping and Labor Mischarging. These cases often target both companies and individual employees. Accusations of:
- Charging hours not worked
- Misallocating labor costs
- Billing senior employees for work done by junior staff
Cybersecurity or Compliance Violations. Failing to meet required cybersecurity standards especially under DFARS 252.204-7012 or CMMC, can lead to fraud investigations if the government claims you certified compliance falsely. This list is not exhaustive. Prosecutors often combine multiple theories under a single investigation.
Where Do Government Contracting Fraud Cases Originate?
Government contracting fraud investigations may arise from several sources. Two of the most common are:
- Whistleblower (Qui Tam) Cases Under the False Claims Act
The False Claims Act allows private individuals—often employees or subcontractors—to file lawsuits on behalf of the government. These whistleblowers, known as relators, may receive a percentage of any recovery. Whistleblower complaints are a major driver of government contracting investigations.
- Government Audits and Inspections
Agencies such as:
- Defense Contract Audit Agency (DCAA)
- Office of Inspector General (OIG)
- Government Accountability Office (GAO)
- Department of Defense (DoD)
- General Services Administration (GSA)
regularly conduct audits and reviews of contractor performance and billing. An audit may reveal discrepancies or irregularities that lead directly to a criminal investigation. Other investigations may arise from competing contractors, cybersecurity breaches, subcontractor disputes, or procurement officials flagging suspicious activity.
Pre-Indictment Representation
Early legal representation is especially important in government contracting fraud cases. Before charges are filed, an experienced attorney may:
- Communicate with prosecutors and negotiate scope
- Prevent misunderstandings about contract procedures or cost structures
- Assist in responding to subpoenas or civil investigative demands
- Prepare executives, employees, or subcontractors for interviews
- Limit exposure and, in some cases, avoid indictment entirely
If you receive a target letter, grand jury subpoena, or request for an interview, contact counsel immediately. See our guidance: Should I Speak to Law Enforcement?
Experienced Federal Government Contracting Fraud Defense Attorneys
If you are being investigated or prosecuted for government contracting fraud—whether as a corporation, subcontractor, or individual employee—speak with a federal criminal defense attorney experienced in these complex cases.
At Burnham & Gorokhov, PLLC, we represent clients in federal investigations involving procurement fraud, defense contracting, false claims, unlicensed activities, overbilling, billing irregularities, and whistleblower allegations. In many cases, we have resolved government investigations without criminal charges ever being filed.