Public Construction Projects Fraud Explained by a NYC Criminal Attorney
A construction firm in 2014 had to pay $12 million to settle
Many types of public construction projects fraud come to light when whistleblowers file civil lawsuits, because the False Claims Act allows individuals who sue fraudulent companies to keep up to 30 percent of the money the government is able to recover. This can total millions of dollars, creating major financial incentives for people to bring cases with any suspicion of fraud. False Claims Act cases have a lower standard of proof required to prevail against a
You and your business face very serious legal trouble if allegations of public construction projects fraud are made. Bukh Law Firm, PLLC is a New York criminal defense firm with experience in these complex cases. Give us a call as soon as possible when an accusation of government contracting fraud is made so an attorney can help you to begin building a strong defense.
What is Public Construction Projects Fraud?
Public construction projects fraud refers to making false or misleading statements in connection with government contracts to perform public works. The fraud can arise in the procurement and bidding process, in the performance of the contract, and/or in
- Bid-rigging.
- Illegal kickbacks.
- Using cheaper materials than the contract requires.
- Cross-charging by those with multiple government contracts, which involves improperly charging materials or labor to a different contract to maximize profits.
- Signing off on projects which do not meet statutory, regulatory, or contractual requirements.
- Failure to follow contract specifications or plans.
- Payroll compliance fraud.
- Using unqualified personnel or subcontractors.
- Falsifying costs and inflated billing.
Anyone involved in submitting false claims or documents, or anyone who causes false claims to be submitted, could potentially be charged with a crime or face a civil lawsuit.
Penalties for Public Construction Projects Fraud
Defendants may face multi-count indictments and can be charged for each specific instance of fraud against the government. There are criminal penalties imposed for making false claims, for making false certifications of documents; for kickbacks; and for bribery– among other behaviors considered public construction projects fraud. If a prosecutor can prove fraudulent behavior beyond a reasonable doubt, defendants who are involved in the fraud could face a lengthy prison term .
False Claims Act penalties are civil penalties, but are also very significant. Mandatory triple damages are one penalty under FCA, which means a defendant will pay three times the money which was obtained through the fraud. In addition, mandatory penalties for each false claim could total up to $11,000 per incident depending upon the type of fraud. These financial consequences can put businesses out of business, and can be financially devastating to individuals and organizations.
How a NY Criminal Defense Firm Can Help
Bukh Law Firm, PLLC understands the laws associated with public construction projects, government bidding, and government contracts. We can help you to defend against both civil and criminal cases arising out of allegations of fraud in connection with public construction projects. Our goal will be to keep you out of prison and to reduce or avoid financial consequences of civil and criminal litigation. Give us a call as soon as possible so we can begin working on an effective legal strategy to respond head-on to serious legal issues.
