Insights from Former Orange County District Attorneys
When your business works with government entities—whether federal, state, or local—the stakes are higher than in typical commercial deals. Not only do government contracts come with complex compliance requirements, but they also open the door to serious legal consequences if those rules are even perceived to be broken. Among the most severe: fraud allegations involving misbilling, overcharging, false certifications, or misrepresentation of qualifications.
At Simmons & Wagner, our experience as former Orange County District Attorneys gives us unique insight into how these cases are built—and how to defend them.
What Is Government Contract Fraud?
Government contract fraud can arise in many forms. The most common include:
- Misbilling or overcharging for labor, materials, or equipment
- Falsifying time sheets or payroll records
- Using unqualified subcontractors while claiming otherwise
- Double billing across agencies or contracts
- Failing to meet contract specifications while certifying full compliance
- Improper cost-shifting to inflate reimbursements under cost-plus contracts
Even minor discrepancies can trigger federal investigations, especially under the False Claims Act (FCA) or other statutes involving procurement integrity.
Who Is Most at Risk?
Government contract fraud investigations often target:
- Prime contractors and subcontractors
- Construction firms
- Defense and aerospace companies
- Healthcare providers with Medicare/Medicaid contracts
- Tech vendors working with public-sector entities
You may be under scrutiny not because of overt wrongdoing, but because of a whistleblower (qui tam action), an audit flag, or a political motive. That’s why it’s crucial to involve experienced legal counsel early.
How These Cases Are Investigated
Government fraud allegations often involve multiple agencies, including:
- The Department of Justice (DOJ)
- Office of Inspector General (OIG)
- Federal Bureau of Investigation (FBI)
- Defense Contract Audit Agency (DCAA)
- State-level Attorney General’s offices
These investigations are thorough and data-heavy, relying on procurement documents, internal emails, accounting systems, and witness interviews. Prosecutors may attempt to portray honest mistakes as intentional deceit—making your defense strategy critical from day one.
Common Defense Strategies
Simmons & Wagner utilizes a proactive, strategic defense approach tailored to your situation. Key defenses may include:
- Lack of Intent: Demonstrating that any discrepancies were unintentional errors, not deliberate deception.
- Regulatory Ambiguity: Highlighting vague or conflicting contract requirements that contributed to confusion.
- Challenging Whistleblower Motives: Showing that internal accusations may stem from disgruntled employees or competitors.
- Forensic Accounting Review: Leveraging expert accountants to analyze billing practices and validate compliance.
- Pre-Charge Negotiations: When possible, we intervene before formal charges are filed to resolve misunderstandings with agencies.
Why You Need Experienced Counsel
These are not cases for general practitioners. With the possibility of civil penalties, contract debarment, and even federal prison, you need attorneys who have been on the other side of the courtroom.
As former Orange County District Attorneys, we understand how prosecutors think and where their cases are weakest. Our team knows how to dismantle shaky assumptions, scrutinize agency procedures, and protect your rights while navigating the highly sensitive world of government contracts.
Contact Simmons & Wagner Today
If your company is being investigated—or you’ve already been charged—with fraud related to a government contract, don’t delay. The earlier we get involved, the more options we have to resolve the case favorably. Contact Simmons & Wagner today to schedule a confidential consultation with trusted business fraud attorneys in Orange County.