Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

Court grapples with Albany Marine Corps Logistics Base contractor’s bribery conviction

March 13, 2018 By Andrew Smith

The owner of a trucking company who was convicted of paying bribes to rake in more than $20 million from military contracts fought for relief last Wednesday at the 11th Circuit.

Arguing before a three-judge panel in Atlanta, attorney Edward Garland said that the evidence showed only that his client, Christopher Whitman, gave gratuities to officials.   “The defense was presented for five weeks … evidence was used on the record for, what we’ll call, ‘buttering up,’” said Garland, a partner with Garland, Samuel and Loeb.

Justice Department attorney Alex Robbins told the panel meanwhile that the proper time to raise such arguments was at trial.  “Timing is everything,” Robbins said. “You need to submit your argument to the jury. … None of that happened here.”

Robbins added: “There is nothing in the record at all that suggested these payments were gratuities.”

Garland’s argument also drew skepticism from at least one judge on the panel.  “But you never argued this, did you?” said U.S. District Judge John Antoon II, sitting by designation from the Middle District of Florida.

Keep reading this article at: https://www.courthousenews.com/court-grapples-with-defense-contractors-bribery-conviction/

See our earlier reports on this case at: http://gtpac.org/?p=10102 and http://gtpac.org/?p=7589. 

Filed Under: Contracting News Tagged With: abuse, Albany, bribe, bribery, bribes, conviction, corruption, DLA, DoD, DOJ, fraud, gratuity, Justice Dept., Labor Dept., Marine Corps, MCLB, Navy, NCIS, sentencing, theft, U.S. Attorney

Officer of construction company sentenced for illegally obtaining federal contracts meant for small disadvantaged businesses

April 28, 2017 By Andrew Smith

Michelle Cho, an officer of Far East Construction Corporation (Far East) and other construction companies, was sentenced on Apr. 25, 2017 to six months in prison and 24 months of supervised release on a federal charge of conspiring to commit wire fraud. Cho was also ordered to pay forfeiture in the amount of $169,166 and pay a criminal fine in the amount of $35,000.  The sentencing came about as a result of Cho’s guilty plea made on Nov. 15, 2016.

According to court documents, Cho was an initiator and mastermind of a scheme lasting more than five years to defraud a disadvantaged business assistance program of tens of millions of dollars. Cho utilized two straw companies, including Far East, to conspire with MCC Construction Company (MCC) and others to defraud the Small Business Administration (SBA).

Cho’s two companies were eligible to receive federal government contracts that had been set asides for small, disadvantaged businesses under the SBA 8(a) program. Cho and MCC understood that MCC would illegally perform all of the work on these contracts and pay three percent of the proceeds to Cho’s companies rather than have Cho’s companies perform at least 15 percent of the work as required by the SBA 8(a) program.  In so doing, MCC was able to win 27 government contracts worth over $70 million during the period 2008 to 2011. The scope and duration of the scheme resulted in a significant number of opportunities lost to legitimate small, disadvantaged businesses.

To qualify for the 8(a) program, a business must be at least 51 percent owned and controlled by a U.S. citizen (or citizens) of good character who meets the SBA’s definition of socially and economically disadvantaged. The firm must also be a small business and show a reasonable potential for success.  Participants in the 8(a) program are subject to regulatory and contractual limits. Also, under the program, the disadvantaged business is required to perform a certain percentage of the work. For the types of contracts investigated in this case, the SBA 8(a)-certified companies were required to perform at least 15 percent of the work with its own employees.

On Feb. 2, 2016, MCC agreed to pay $1,769,924 in criminal penalties and forfeiture. Thomas Harper, a former officer and owner of MCC, pleaded guilty on June 22, 2016, to conspiring to obstruct proceedings before a department or agency. He is to be sentenced on May 15, 2017. Walter Crummy, another former officer and owner of MCC, pleaded guilty on Aug. 23, 2016, to conspiring to commit wire fraud and was sentenced earlier this month to a year of probation, two months of which were home confinement, and forfeiture in the amount of $105,618.

The investigation was conducted by the FBI’s Washington Field Office, the SBA’s Inspector General, the Inspector General of the U.S. General Services Administration (GSA), the Central Field Office of the Defense Criminal Investigative Service (DCIS), and the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).

Source: https://www.justice.gov/opa/pr/construction-company-officer-sentenced-prison-conspiring-defraud-government

Filed Under: Contracting News Tagged With: 8(a), abuse, conspiracy, federal contracts, fraud, SBA, sentencing, small disadvantaged business, wire fraud

Recent Posts

  • Georgia Tech creates new Office of Corporate Engagement
  • Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service
  • SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th
  • GSA hosting “Getting on the GSA Schedule” webinar April 13th
  • NIH hosting 2021 small business program conference April 26-30th

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

Federal contractor indicted for stealing over $1.2 million from the U.S. Postal Service

CMMC announces new advisory council to collect industry feedback

EEOC announces April 26 opening date for the collection of 2019 and 2020 EEO-1 component 1 data

Contractors line up to rebuild MARTA’s Five Points Station

GDOT announces $828.8 million in projects to transform Ga. 316

Read More

Contracting Tips

A whole new marketplace: GSA’s “commercial platforms” initiative

CRS Reports: Mentor-Protégé programs and small business size standards

CRS Report: Small businesses and COVID-19, relief and assistance resources

How do I find out what the government is buying?

Past performance isn’t always a required evaluation factor, says GAO

Read More

GTPAC News

SBA hosting “Contract Bonds and Surety Bond Guarantee” webinar April 20th

GSA hosting “Getting on the GSA Schedule” webinar April 13th

NIH hosting 2021 small business program conference April 26-30th

Defense Counterintelligence and Security Agency hosting industry day and matchmaking May 6th and 20th

Missile Defense Agency hosting virtual conference May 11-13th

Read More

Georgia Tech News

Georgia Tech creates new Office of Corporate Engagement

Delta Jacket wins 2021 Georgia Tech InVenture prize

Future of 5G is under the microscope at Georgia incubator

Collective worm and robot “blobs” protect individuals, swarm together

The Partnership for Inclusive Innovation is now accepting applications for pilot programs

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute