Well before the Federal Sentencing Guidelines for Organizations were adopted in 1991, Crowell & Moring's Government Contracts lawyers pioneered the concept of corporate compliance programs and reviews in 1978. As it relates to compliance, we have conducted reviews, established programs, drafted codes of conduct and policies, and provided training for more than 200 corporate clients in every conceivable industry. Our clients call on us when they are:
- Responding to a grand jury or an agency inspector general subpoena, or a Department of Justice civil investigative demand.
- Considering internal investigations and "voluntary disclosures."
- Undertaking steps to avoid suspension/debarment and exclusion.
- Negotiating a civil or criminal settlement agreement, or a corporate integrity agreement.
- Considering measures to prevent and detect noncompliance and misconduct, and to mitigate the chances of "whistleblower" (qui tam) suits under the False Claims Act.
Procurement Integrity and Standards of Conduct
We regularly counsel clients on and litigate matters involving "procurement integrity and standards of conduct," including:
- Gifts and gratuities provided to government personnel by contractors under criminal statutes and the agency rules.
- "Kickbacks" offered by vendors and suppliers to higher-tier prime contractors and subcontractors under the Anti-Kickback Act.
- Access to "off-limits" competitor sensitive and government source selection information under the Procurement Integrity Act and similar state "trade secrets" laws.
- Criminal and civil "revolving door" restrictions that pertain to holding employment discussions with and hiring former government personnel.
We defend companies accused of violating these rules in civil and criminal investigations, bid protests, and theft of trade secrets and government property actions. Similarly, we have brought actions on behalf of our clients when they have been harmed by their competitors' violation of these rules.