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Woman in DBE front scheme gets 12 months in federal prison

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The former owner of a suburban Chicago construction business convicted of acting as an illegal front so another company could secure a lucrative city airport contract was sentenced Thursday (Mar. 16, 2017) to 12 months in federal prison.

Lawyers for Elizabeth Perino had sought probation and home confinement, but U.S. District Judge Gary Feinerman said he opted for prison to send a message to “an industry that needs to clean up its act.”

Perino’s conviction is the latest turn in an eight-year saga sparked in 2008 when Perino’s former project manager filed a whistleblower lawsuit alleging misconduct in massive projects run by industry giant McHugh Construction, a century-old company that reported more than a half-billion dollars in revenue in 2015.

That sparked a joint investigation by federal prosecutors and Illinois Attorney General Lisa Madigan resulting in the criminal charges.

Perino’s company posed as a legitimate woman-owned business, allowing Chicago-based Diamond Coring Co. to meet its requirements for hiring disadvantaged businesses in order to win a multimillion-dollar runway repair contract at O’Hare International Airport. Perino did no work for the bills submitted by her company.

Keep reading this article at: http://www.chicagotribune.com/news/local/breaking/ct-phony-woman-business-owner-sentencing-met-20170316-story.html

DBE contracting opportunities under the Trump Administration

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good-time-for-dbes-01-2017With President-elect Trump’s promise to turn America’s crumbling infrastructure into an opportunity for accelerated economic growth, there are likely to be significant investments in the next four years in transportation, construction, and other similar projects.

The new administration’s plans are likely to have a particularly big impact on the highway construction industry, which stands to ultimately receive billions in federally-financed dollars. State and local governments will be first in line to receive the funds so they can be trickled down to create thousands of new jobs. Those dollars will be filtered through prime contractors and their disadvantaged business enterprise (DBE) partners, which will be performing many of these federally-funded projects. With billions of dollars likely to hit the streets, this is a good time for firms to look into the DBE program.

While not as well-known as the Small Business Administration’s 8(a) and other small business programs, the Department of Transportation’s (DOT) DBE program has been around for some time. It was established by Congress in 1983 with legislation that required that at least 10 percent of the funds authorized for highway and transit federal financial assistance programs be expended with DBEs. The three agencies with those programs are the Federal Highway Administration, Federal Aviation Administration, and Federal Transit Administration.

Keep reading this article at: http://www.jdsupra.com/legalnews/dbe-contracting-opportunities-under-the-95974/

Court of Appeals affirms lengthy prison sentences for men engaging in DBE fraud 

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USDOTThe U.S. Attorney’s Office for the Middle District of Pennsylvania has announced that Joseph W. Nagle of Deerfield Beach, Florida and Ernest G. Fink, Jr. of Orwigsburg, Pennsylvania, the former owners of Schuylkill Products Inc., (SPI) had their sentences affirmed by the Third Circuit Court of Appeals.

Nagle was sentenced to 84 months’ imprisonment on November 30, 2015, and Fink was sentenced to 41 months’ imprisonment on February 24, 2016, for their roles in a massive conspiracy to defraud the U.S. Department of Transportation’s Disadvantage Enterprise (DBE) program.

According to USDOT, their scheme, which lasted for over 15 years and involved over $136 million in government contracts in Pennsylvania alone, is the largest reported DBE fraud in the nation’s history.

In April 2012, after a four-week jury trial, a jury convicted Nagle on 26 charges relating to the scheme, including conspiracy to defraud USDOT, mail fraud, wire fraud, and money laundering.  Fink previously pleaded guilty to conspiracy to defraud the USDOT in August 2010.

In 2014, three other former executives associated with SPI were sentenced for their roles in the scheme.

  • Romeo P. Cruz, of Westhaven, Connecticut, the former owner of Marikina Construction Corp., which operated as a front for SPI, was sentenced to 33 months’ imprisonment.
  • Timothy G. Hubler, of Ashland, Pennsylvania, SPI’s former Vice-President in charge of field operations, was sentenced to 33 months’ imprisonment.
  • Dennis F. Campbell, of Orwigsburg, Pennsylvania, SPI’s former Vice-President in charge of sales and marketing, was sentenced to 24 months’ imprisonment.

The investigation was conducted by the FBI, USDOT’s Inspector General’s Office, the U.S. Department of Labor Inspector General’s Office, and the Criminal Investigation Division of the IRS.

Source: https://www.justice.gov/usao-mdpa/pr/third-circuit-court-appeals-affirms-lengthy-prison-sentences-two-men-who-executed

 

Sentence reduced for company president who engaged in fraudulent DBE contracts worth $136 million

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DBE Fraud HotlineThe former chief operating officer and co-owner of now-defunct Schuylkill Products Inc. will spend 10 fewer months in prison, but pay the same fine, after being resentenced Wednesday in federal court in Harrisburg, Pennsylvania for his role in the largest fraud of its kind in U.S. history.

Ernest G. Fink Jr., 70, of Orwigsburg, Pennsylvania, must serve 41 months in federal prison and pay $25,100 in fines, Senior U.S. District Judge Sylvia H. Rambo ruled.

Rambo originally sentenced Fink on July 14, 2014, to 51 months in prison and $25,100 in fines after he pleaded guilty to participating in Schuylkill Products’ scheme to defraud the federal Disadvantaged Business Enterprise (DBE) program.

Federal prosecutors charged Fink and several other Schuylkill Products executives with using Marikina Engineers and Construction Corp., West Haven, Connecticut, as a front under the DBE program from 1993 until 2008 to funnel work to the Cressona company and its wholly owned subsidiary, CDS Engineers Inc.

Keep reading this article at: http://republicanherald.com/news/schuylkill-products-co-owner-resentenced-to-10-fewer-months-in-prison-1.2011402

See our earlier articles on this case:

FAA plans small business matchmaker Jan. 13 in College Park

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FAAThe Federal Aviation Administration’s Eastern Service Area Small Business Development Program Group is hosting a Small Business Development Program Outreach/Matchmaking Event in College Park, Georgia on Wednesday, January 13, 2016.

Attendance is limited to the first 50 small businesses who register.

Registration and other details follow.

What: FAA Small Business Development Program Outreach/Matchmaking Event

Purpose: Learn how to do business with the FAA and identify qualified small businesses capabilities to support the FAA Mission. Also, participate in matchmaking sessions.

Who May Attend: Small businesses, registered in the System for Award Management (SAM).

Location: FAA Southern Region, 1701 Columbia Avenue, College Park, Georgia 30337

When: Wednesday, January 13, 2016

Time: 9:00 AM to 12:00 PM

Limited Attendance: Limited to the first small businesses (First Come-First Served) that respond by email, received by Friday, December 18, 2015, 4:00 PM.

Registration/Attendance Request: Email Tony Ortiz at Tony.C.Ortiz@faa.gov There is no cost to attend this event, but pre-registration is required. Once maximum attendance capacity (50 small businesses) is reached, registration will be closed. See Required Information below.

Required Information: Name(s) (Limit 2 representatives per small business), Name of Business, and U.S. Citzenship by indicating Yes or No. Foreign National Visitors will be required to provide additional information immediately without delay in order to attend by contacting Tony Ortiz at Tony.C.Ortiz@faa.gov or telephone number: (404) 305-5780.

Point of Contact: Tony Ortiz, FAA Small Business Development Program Group Liaison/Representative, email: Tony.C.Ortiz@faa.gov – Telephone Number: (404) 305-5780

Supreme Court case shines light on veteran-owned business certification, but contractors want more due diligence

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Service-disabled, veteran-owned small businesses are anxiously waiting on a U.S. Supreme Court ruling expected in October to determine whether the U.S. Department of Veterans Affair is doing its part to help vets get government contracts.

But as SDVOSBs (as I’ll call them from here on out) wait for the high court’s decision in Kingdomware v. U.S. Kingdomware v. U.S., higher-level discussions on the certification process for SDVOSBs have been quiet, despite the community’s continued calls for a change.

Right now, there are two sets of rules governing contract set-aside awards for SDVOSBs among federal agencies.

CVE badgeFrom one end, there is the Department of Veterans Affairs’ way. Operating under a “veterans first” mandate outlined in the Veterans Benefits, Health Care, and Information Technology Act of 2006, the VA subjects all SDVOSBs to an extensive 90-day, multi-step verification process with the Center for Veterans Enterprise to ensure that they are, in fact, an SDVOSB eligible for those contract set-asides.

Then there is nearly every other agency, not including the Federal Aviation Administration, that requires no formal certification. SDVOSBs vying for contracts in all other agencies need only to submit a self-certification of their status along with their bids.

Keep reading this article at: http://www.bizjournals.com/washington/blog/fedbiz_daily/2015/08/supreme-court-case-shines-light-on-veteran-owned.html

Top 4 opportunities at FAA

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In all of the Department of Transportation, no agency gets more budget for IT purchases in a year than the Federal Aviation Administration (FAA).  Out of $3.3 billion requested by the department overall, $2.9 billion is directed to the FAA, essentially because it has the largest IT mission – namely, NextGen, FAA’s initiative to modernize the way in which the United States manages air travel.

NextGen - FAANextGen has been around for more than 10 years, with the aim to revamp the National Airspace System. The goal is to replace the current air traffic system – which relies on radar to track aircraft in flight – with a system that uses satellite and GPS technology, to get a more accurate, real-time view of air traffic in the United States.

Ultimately, the FAA is looking to make better air traffic routing decisions to cut down on travel time, improve responses to potential in-flight emergencies caused by things like bad weather, and reduce the risk of mid-air collisions or other accidents.

It’s a complex initiative that requires considerable investment. Almost 88 percent of the Transportation’s IT budget is projected to fund FAA initiatives. This leaves 6 percent of the IT budget to the office of the secretary and 6 percent to be divided among the other DOT administrations. This is the most skewed share of IT funding for any subcomponent agency in government – all because of NextGen.

Keep reading this article at: http://washingtontechnology.com/articles/2015/08/18/insights-shaker-faa-opportunities.aspx

Augusta regional airport hosts small business open house Feb. 26th

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The Augusta (GA) Regional Airport invites Subcontractors, Suppliers, and Small Businesses to attend a Small Business Workshop and Open House Event on Wednesday, February 26, 2014.

The event is being held at the Augusta Regional Airport Commission Chambers, 1501 Aviation Way, Augusta, GA 30906 from 3:00pm to 6:00pm.

Information will be made available on upcoming bid opportunities in the areas of all trades related to construction, hauling, demolition, furniture suppliers, surveyors, manufactures, automotive suppliers, and engineering.

The airport’s upcoming projects for 2014-2015 include:

  • Taxiway Alpha Extension
  • Apron Rehabilitation
  • Consolidated Rental Car Facility
  • Gen Perry Smith Parkway Utility Corridor
  • Southeast Quadrant Drainage

This is the perfect opportunity for small business owners to come out and meet airport staff. The Disadvantaged Business Enterprise  (DBE) Program staff will be on hand to give out valuable information related to becoming a certified DBE.

For additional information please contact Mrs. Risa Bingham at 706-798-3236.

Two sentenced in largest DBE fraud in history

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The U.S. Attorney’s Office for the Middle District of Pennsylvania announced on January 13, 2014 that Dennis F. Campbell, of Orwigsburg, Pennsylvania, and Timothy G. Hubler, of Ashland, Pennsylvania, were sentenced by the Senior U.S. District Judge Sylvia H. Rambo in Harrisburg in connection with their roles in what the U.S. Department of Transportation (USDOT) has called the largest Disadvantaged Business Enterprise (DBE) fraud in the nation’s history.

Campbell, Schuylkill Product’a Inc.’s (SPI) former vice president in charge of Sales and Marketing, was sentenced to 24 months’ imprisonment, $119 million in restitution to the USDOT, and two years’ supervised release. Hubler, SPI’s former vice president in charge of Field Operations, was sentenced to 33 months’ imprisonment, $119 million in restitution to the USDOT, $82,370 in restitution to the Internal Revenue Service, and two years’ supervised release. Both men were ordered to surrender to the Bureau of Prisons by February 17, 2014, to commence service of their sentences.

Campbell pleaded guilty to DBE fraud in 2008, and Hubler pleaded guilty to DBE fraud and tax fraud in 2008. Romeo P. Cruz, of West Haven, Connecticut, the former owner of Marikina Construction Corporation, the DBE firm that operated as a front for SPI to gain lucrative DBE contracts, pleaded guilty to DBE fraud and tax fraud in 2008 and 2009, and is scheduled to be sentenced on Wednesday, January 15, 2014. All three men cooperated with the government’s investigation that led to the conviction of the two former owners of SPI, Ernest G. Fink, of Orwigsburg, Pennsylvania, SPI’s former vice president and chief operating officer; and Joseph W. Nagle, of Deerfield Beach, Florida, SPI’s former president and chief executive officer.

Fink pleaded guilty to DBE fraud in 2010. Nagle was convicted after a four-week jury trial in 2012 of 26 charges relating to the DBE fraud scheme. No sentencing date has been scheduled for Fink and Nagle.

“The sentences handed down today, in what is the largest reported DBE fraud case in USDOT history, serve as clear signals that severe penalties await those who would attempt to subvert USDOT laws and regulations,” said Doug Shoemaker, OIG Regional Special Agent in Charge. “Preventing and detecting DBE fraud are priorities for the Secretary of Transportation and the USDOT Office of Inspector General. Prime contractors and subcontractors are cautioned not to engage in fraudulent DBE activity and are encouraged to report any suspected DBE fraud to the USDOT-OIG. Our agents will continue to work with the Secretary of Transportation; the administrators of the Federal Highway, Transit, and Aviation Administrations; and our law enforcement and prosecutorial colleagues to expose and shut down DBE fraud schemes throughout Pennsylvania and the United States.”

According to U.S. Attorney Peter J. Smith, the DBE fraud lasted for over 15 years and involved over $136 million in government contracts in Pennsylvania alone. SPI, using Marikina as a front, operated in several other states in the Mid-Atlantic and New England regions. Although Marikina received the contracts on paper, all the work was really performed by SPI personnel, and SPI received all the profits. In exchange for letting SPI use its name and DBE status, Marikina was paid a small fixed-fee set by SPI.

The scheme lasted as long as it did because of the numerous fraudulent steps the co-conspirators took to conceal the scheme. SPI personnel routinely pretended to be Marikina personnel by using Marikina business cards, e-mail addresses, stationery, and signature stamps, as well as using magnetic placards and decals bearing the Marikina logo to cover up SPI’s logo on SPI vehicles.

SPI and its wholly owned subsidiary, CDS Engineers, was sold in 2009 and was based in Cressona, Pennsylvania. SPI manufactured concrete bridge beams, as well as other suppliers’ products. CDS was SPI’s erection division and installed SPI’s bridge beams, as well as other suppliers’ products. USDOT provides billions of dollars a year to states and municipalities for the construction and maintenance of highways and mass transit systems on the condition that small businesses owned and operated by disadvantaged individuals receive a fair share of these federal funds. The DBE fraud here involved SPI’s use of Marikina’s name and status to obtain DBE contracts that it was not entitled to receive.

The investigation was conducted by the FBI, the USDOT Inspector General’s Office, U.S. Department of Labor Inspector General’s Office, and the Criminal Investigation Division of the Internal Revenue Service. Senior Litigation Counsel Bruce Brandler handled the prosecution.

Source: http://www.fbi.gov/philadelphia/press-releases/2014/two-former-vice-presidents-of-schuylkill-products-inc.-sentenced-in-largest-disadvantaged-business-enterprise-fraud-in-nations-history

Contractors start to feel the shutdown pain

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As the government shutdown drags on, contractors both large and small are raising alarms about ripple effects on their workforces and cash flow that threaten to worsen if the budget stalemate continues.

The Aerospace Industries Association on Thursday called on Congress to accelerate the process toward a solution or risk private-sector furloughs and certification delays that could wreak havoc on schedules for aircraft delivery and space launches.

“A number of our member companies have notified us that if this shutdown continues — which is affecting all of the Defense Department’s functions involved in contracting – they will be forced to furlough tens of thousands of workers,” said AIA President and CEO Marion C. Blakey in a statement. “The most immediate concern is the absence of Defense Contract Management Agency inspectors…..required to audit and approve parts and operations throughout the manufacturing process for military products. The manufacturing process must stop if these inspections and certifications are not performed, choking off the flow of new equipment to our armed forces.”

Keep reading this article at: http://www.govexec.com/contracting/2013/10/contractors-start-feel-shutdown-pain/71356

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