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Justice Department Files Lawsuit in Delaware Against Regal Contractors LLC Et Al., to Enforce the Employment Rights of Air Force Reserve Member

The Justice Department and U.S. Attorney for the District of Delaware Charles M. Oberly III announced today the filing of a lawsuit alleging that Regal Contractors LLC, Regal Builders LLC and Noble Pond Homes willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Air Force Reserve Member Lon Fluman following his return from required military training with his reserve unit.



  • OPA Press Releases

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Colorado Security Contractor Resolves Overcharging Allegations Related to Its Work in Iraq and Afghanistan

The Macalan Group Inc., formerly known as NEK Advanced Securities Inc. (NEK), a security contractor headquartered in Colorado Springs, Colo., has agreed to resolve allegations that it submitted false claims in connection with a contract with the Joint Improvised Explosive Device Defeat Organization (JIEDDO).



  • OPA Press Releases

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Former Federal Contractor Petitions to Plead Guilty to Unlawfullly Disclosing National Defense Information and Distributing Child Pornography

Donald John Sachtleben, a former FBI bomb technician who later worked as a government contractor for the agency, has filed a petition to plead guilty to newly filed charges of unlawfully disclosing national defense information relating to a disrupted terrorist plot. Sachtleben previously had filed a petition to plead guilty to charges of possessing and distributing child pornography resulting from a separate investigation.



  • OPA Press Releases

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North Carolina Paving Contractor Pleads Guilty to Tax and Bank Fraud

Tommy Edward Clack pleaded guilty in federal court in Greensboro, N.C., to one count of willfully filing a false federal income tax return and one count of knowingly making a false statement to a federally-insured bank in order to obtain a mortgage loan, the Justice Department and the Internal Revenue Service (IRS) announced today.



  • OPA Press Releases

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Former Defense Contractor Employee and Wife Plead Guilty to Conspiring to Defraud Millions in Scheme Involving Supplies to Afghan National Army

Keith Johnson, 46, and his wife, Angela Johnson, 44, of Maryville, Tenn., pleaded guilty today to their roles in a $9.7 million procurement fraud scheme.



  • OPA Press Releases

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Northrop Grumman Corp. Pays $11.4 Million to Resolve Allegations That It Improperly Charged Costs to Government Contracts

The Justice Department announced today that Northrop Grumman Corp. has paid the United States $11.4 million to settle a government claim for penalties provided under the Federal Acquisition Regulation (FAR) and False Claims Act allegations stemming from its failure to abide by a 2002 settlement agreement with the Defense Contract Management Agency (DCMA).



  • OPA Press Releases

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Former Contractor of a Florida Property Management Company Sentenced to Serve Time in Prison for Wire Fraud

A former repair contractor of a Florida property management company was sentenced to serve time in prison for his participation in a wire fraud scheme related to housing repairs made under a contract between Ocwen Loan Servicing LLC, and the U.S. Department of Veterans Affairs (VA).



  • OPA Press Releases

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Florida Couple Sentenced for Roles in Procurement Contract Bribery Scheme

A Florida man was sentenced to serve 15 months in prison, and his wife was sentenced to 24 months of probation, for their roles in a bribery and fraud scheme.



  • OPA Press Releases

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Nationwide Contract Therapy Providers to Pay $30 Million to Resolve False Claims Act Allegations

Contract therapy providers RehabCare Group Inc., RehabCare Group East Inc. and Rehab Systems of Missouri and management company Health Systems Inc. have agreed to pay $30 million to resolve claims that they violated the False Claims Act by engaging in a kickback scheme related to the referral of nursing home business, the Justice Department announced today.



  • OPA Press Releases

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United States Government Sues Kellogg, Brown & Root Services Inc. and Two Foreign Companies for Kickbacks and False Claims Relating to Iraq Support Services Contract

The government has filed a complaint against Kellogg, Brown &s contract with the Army to provide logistical support in Iraq.



  • OPA Press Releases

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Government and Contractors Seek to End Long-Running “A-12” Litigation

The Boeing Company, General Dynamics Corporation, and the United States have formally asked the United States Court of Federal Claims to dismiss, as part of a settlement, their 23-year old dispute involving the Department of the Navy's 1991 default termination of a $4.8 billion contract awarded to Boeing's predecessor, McDonnell Douglas Corporation, and General Dynamics, to develop the A-12 carrier-based stealth aircraft.



  • OPA Press Releases

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Department of Defense Procurement Official Sentenced for His Role in Contract Bribery Scheme

A Utah man was sentenced to serve 24 months in prison for his role in a bribery and fraud scheme involving federal procurement contracts, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney David B. Barlow of the District of Utah.



  • OPA Press Releases

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Former Bank of America Executive Pleads Guilty for Role in Conspiracy and Fraud Involving Investment Contracts for Municipal Bonds Proceeds

A former Bank of America executive pleaded guilty today for his participation in a conspiracy and scheme to defraud related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts.



  • OPA Press Releases

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MPRI Inc. Agrees to Pay $3.2 Million for False Labor Charges on Contract to Support Army in Afghanistan

MPRI Inc. has agreed to pay $3.2 million to resolve allegations that it submitted false labor charges on a contract to support the Army in Afghanistan.



  • OPA Press Releases

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Independent Contractor in Afghanistan Pleads Guilty for His Role in Offering $54,000 in Bribes to a U.S. Government Official

Earlier today at the federal courthouse in Brooklyn, N.Y., Akbar Ahmad Sherzai, 49, of Centreville, Va., an independent contractor for a trucking company operating in Afghanistan that was responsible for delivering fuel to U.S. Army installations, pleaded guilty to his role in offering a U.S. Army serviceman $54,000 in bribes to falsify documents.



  • OPA Press Releases

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Virginia-Based Contractor to Pay $6.5 Million to Settle Allegations of False Claims on Navy Contracts

Vector Planning and Services Inc. (VPSI), an information technology, systems engineering, program management and consulting firm headquartered in Chantilly, Va., has agreed to pay the government $6.5 million to settle False Claims Act allegations that the company inflated claims for payment under several Navy contracts.



  • OPA Press Releases

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Former Virginia Subcontractor Pleads Guilty to Bribery

Dwayne Allen Hardman, 44, of Charleston, W.V., pleaded guilty today to paying bribes to public officials.



  • OPA Press Releases

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Two Ocean Shipping Companies to Pay $3.4 Million to Settle Claims of Price Fixing Government Cargo Transportation Contracts

Sea Star Line LLC and Horizon Lines LLC have agreed to resolve allegations that they violated the False Claims Act by fixing the price of government cargo transportation contracts between the continental United States and Puerto Rico.



  • OPA Press Releases

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Former Employee of Navy Contractor Pleads Guilty in International Navy Bribery Scandal

Alex Wisidagama, a citizen of Singapore formerly employed by Glenn Defense Marine Asia (GDMA), pleaded guilty today to one count of conspiracy to defraud the United States for his role in a scheme to overbill the U.S. Navy for ship husbanding services.



  • OPA Press Releases

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North Carolina Paving Contractor Sentenced to Prison for Tax and Bank Fraud

Tommy Edward Clack was sentenced today to serve 66 months in federal prison for tax and fraud crimes by U.S. District Judge Thomas D. Schroeder in Winston-Salem, N.C., the Justice Department and Internal Revenue Service announced.



  • OPA Press Releases

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Former Vice President of Government Contracting Company Pleads Guilty to Conspiracy to Commit Bribery

A former vice president of a Chesapeake, Va., government contracting company pleaded guilty today to conspiracy to pay bribes to public officials in exchange for favorable treatment in connection with U.S. government contract work.



  • OPA Press Releases

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California-Based Masonry Companies Pay Nearly $1.9 Million to Settle Claims of Misrepresenting Disadvantaged Small Business Status in Connection with Military Contracts

Five California-based masonry subcontractors and two individuals paid the government nearly $1.9 million to resolve allegations that they violated the False Claims Act by misrepresenting their disadvantaged small business status in connection with military construction contracts.



  • OPA Press Releases

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Former Army Contracting Officials Sentenced for Filing False Tax Returns and Filing False Financial Ethics Disclosure Forms

Velma I. Salinas-Nix and Kenneth H. Nix, of Boerne, Texas, were sentenced today to serve 20 months in prison and 30 months in prison, respectively, for filing false tax returns and making false statements to the U.S. Army by filing false financial ethics disclosure forms.



  • OPA Press Releases

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Former Executive Director of Virgin Islands Legislature Charged with Bribery and Extortion in Award of Government Contracts

The former executive director of the Legislature of the Virgin Islands was indicted today by a federal grand jury in the Virgin Islands for accepting bribes and engaging in extortion in the award of contracts with the Legislature.



  • OPA Press Releases

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Former Employee of U.S. Contractor Pleads Guilty to Fraud Scheme

A former employee of a U.S. contractor pleaded guilty today to conspiracy to defraud the United States in connection with a contract to provide reconstruction-related services in Afghanistan.



  • OPA Press Releases

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Government Files Complaint Against CA Inc. for False Claims on GSA Contract

The government has filed a complaint against CA Inc. (CA) for violations of the False Claims Act in connection with a General Services Administration (GSA) contract, the Justice Department announced today.



  • OPA Press Releases

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DEA Employee and Contractor Husband Plead Guilty to False Statements in Kidnapping Hoax

Nydia L. Perez and John A. Soto, both 44, of Haymarket, Virginia, pleaded guilty to one count of making false statements to law enforcement officials in federal court on Friday.



  • OPA Press Releases

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Former Chesapeake, Virginia Subcontractor Sentenced for Conspiracy to Commit Bribery

Roderic J. Smith, 50, the co-founder and former president of a government contracting company, was sentenced yesterday to 48 months in prison, followed by one year of supervised release, for conspiracy to bribe public officials. Smith was ordered to forfeit $175,000



  • OPA Press Releases

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Two Former Chesapeake, Virginia, Subcontractors Sentenced for Bribery, Conspiracy

Dwayne A. Hardman, 44, co-founder of two government contracting companies that sought business from the United States Navy Military Sealift Command (MSC), and Adam C. White, 40, former vice president and co-owner of one of Hardman’s government contracting companies, were sentenced for bribery and conspiracy. On July 9, 2014, Hardman was sentenced to 96 months in prison, followed by three years of supervised release



  • OPA Press Releases

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Justice Department Files Lawsuit Alleging Violations of Federal Law and Executive Order by Federal Contractor

The Justice Department announced the filing of a lawsuit today against Entergy Corporation for violating Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974



  • OPA Press Releases

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Iraq Extradites Fugitive Defense Contractor to U.S. to Face Fraud Charges

A Las Vegas-based former Department of Defense contractor has been extradited from Iraq to the United States to face fraud and conspiracy charges for attempting to bribe U.S. officials in order to secure government contracts for his companies



  • OPA Press Releases

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Former Virginia Subcontractor Sentenced for Conspiracy to Bribe Officials at the United States Navy Military Sealift Command

A former employee of a government contracting company was sentenced today to 36 months in prison to be followed by three years of supervised release for conspiracy to bribe public officials at the United States Navy Military Sealift Command in exchange for favorable treatment in connection with U.S. government contract work



  • OPA Press Releases

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McKesson Corp. to Pay $18 Million to Resolve False Claims Allegations Related to Shipping Services Provided Under Centers for Disease Control Vaccine Distribution Contract

McKesson Corporation has agreed to pay $18 million to resolve allegations that it improperly set temperature monitors used in shipping vaccines under its contract with the Centers for Disease Control and Prevention (CDC), the Justice Department announced today. McKesson is a pharmaceutical distributor with corporate headquarters in San Francisco



  • OPA Press Releases

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Co-Founder of Government Contracting Company Pleads Guilty to Illegal Gratuity Charge

Timothy S. Miller, 58, a co-founder of a Chesapeake, Virginia, government contracting company, pleaded guilty today to providing illegal gratuities to two public officials working for the United States Navy Military Sealift Command



  • OPA Press Releases

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South Carolina Man Pleads Guilty to Fraud in Foreign Labor Contracting, Visa Fraud and Wage and Hour Violations

Acting Assistant Attorney General Molly Moran for the Civil Rights Division and United States Attorney Bill Nettles announced today that Reginald Wayne Miller, of Marion, South Carolina, has entered a guilty plea in federal court in Florence to fraud in foreign labor contracting. Additionally, Miller entered a guilty plea to visa fraud and wage and hour violations. United States District Judge R. Bryan Harwell of Florence accepted the guilty plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. probation office.



  • OPA Press Releases

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Former Defense Contractor Sentenced to Prison for Theft of Employee Payroll Taxes and Pension Plan Contributions

William P. Danielczyk, theformer head of a Virginia-based defense contracting company, was sentenced today to serve 18 months in prison for failing to collect and pay more than $2.2 million in employee payroll taxes and engaging in theft of more than $186,000 from an employee pension plan.



  • OPA Press Releases

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New York Man Pleads Guilty to Conspiracy to Defraud U.S. Defense Contractors

ALEXANDRIA, Va



  • OPA Press Releases

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Successfully Choosing and Maintaining a Contract Manufacturing Partnership

In this INSIDER Q&A, experts in contract manufacturing discuss aspects a brand owner should evaluate, what should be outlined in an agreement and what ongoing QA checks to conduct during the partnership.




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En Banc: Federal Circuit Provides Guidance on Application of On-Sale Bar to Contract Manufacturers

Pharmaceutical and biotech companies breathed a sigh of relief Monday when the Federal Circuit unanimously ruled in a precedential opinion that the mere sale of manufacturing services to create embodiments of a patented product is not a “commercial sale” of the invention that triggers the on-sale bar of 35 U.S.C. § 102(b) (pre-AIA).[1]  The en banc opinion...… Continue Reading




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A politically connected firm gets an $800-million mask contract with California. Then it falls apart

California's deal with Bear Mountain Development Co. for coronavirus equipment was one of the state's largest.




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Senators call out CDC contractor for alleged safety failings

The Maximus call center was accused by a whistleblower of failing to practice what it hired workers to preach.





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Cardamonin protects against lipopolysaccharide-induced myocardial contractile dysfunction in mice through Nrf2-regulated mechanism






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China confident about extending GP contract

The Chinese Grand Prix appears to be edging closer to an extension of its contract with Bernie Ecclestone




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Malaysian Grand Prix extends race contract until 2018

The Malaysian Grand Prix will remain on the calendar for the next three years after the Sepang International Circuit agreed a new deal until 2018




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The Terms They Are A-Changin'...: Watching Cloud Computing Contracts Take Shape


EXECUTIVE SUMMARY

Many web services are examples of cloud computing, from storage and backup sites such as Flickr and Dropbox to online business productivity services such as Google Docs and Salesforce.com. Cloud computing offers a potentially attractive solution to customers keen to acquire computing infrastructure without large up-front investment, particularly in cases where their demand may be variable and unpredictable, as a means of achieving financial savings, productivity improvements and the wider flexibility that accompanies Internet-hosting of data and applications.

The greater flexibility of a cloud computing service as compared with a traditional outsourcing contract may be offset by reduced certainty for the customer in terms of the location of data placed into the cloud and the legal foundations of any contract with the provider. There may be unforeseen costs and risks hidden in the terms and conditions of such services.

This document reports on a detailed survey and analysis of the terms and conditions offered by cloud computing providers.

The survey formed part of the Cloud Legal Project at the Centre for Commercial Law Studies (CCLS), within the School of Law at Queen Mary, University of London, UK. Funded by a donation from Microsoft, but academically independent, the project is examining a wide range of legal and regulatory issues arising from cloud computing. The project's survey of 31 cloud computing contracts from 27 different providers, based on their standard terms of service as offered to customers in the E.U. and U.K., found that many include clauses that could have a significant impact, often negative, on the rights and interests of customers. The ease and convenience with which cloud computing arrangements can be set up may lull customers into overlooking the significant issues that can arise when key data and processes are entrusted to cloud service providers. The main lesson to be drawn from the Cloud Legal Project’s survey is that customers should review the terms and conditions of a cloud service carefully before signing up to it.

The survey found that some contracts, for instance, have clauses disclaiming responsibility for keeping the user’s data secure or intact. Others reserve the right to terminate accounts for apparent lack of use (potentially important if they are used for occasional backup or disaster recovery purposes), for violation of the provider’s Acceptable Use Policy, or indeed for any or no reason at all. Furthermore, whilst some providers promise only to hand over customer data if served with a court order, others state that they will do so on much wider grounds, including it simply being in their own business interests to disclose the data. Cloud providers also often exclude liability for loss of data, or strictly limit the damages that can be claimed against them – damages that might otherwise be substantial if a failure brought down an e-commerce web site.

Although in some U.S. states, in E.U. countries and in various other jurisdictions the validity of such terms may be challenged under consumer protection laws, users of cloud services may face practical obstacles to bringing a claim for data loss or privacy breach against a provider that seems local online but is, in fact, based in another continent. Indeed, service providers usually claim that their contracts are subject to the laws of the place where they have their main place of business. In many cases this is a US state, with a stipulation that any dispute must be heard in the provider’s local courts, regardless of the customer’s location.

Perhaps the most disconcerting discovery of the Cloud Legal Project’s survey was that many providers claimed to be able to amend their contracts unilaterally, simply by posting an updated version on the web. In effect, customers are put on notice to download lengthy and complex contracts, on a regular basis, and to compare them against their own copies of earlier versions to look for changes.

The cloud computing market is still developing rapidly, and potential cloud customers should be aware that there may be a mismatch between their expectations and the reality of cloud providers' service terms, and be alive to the possibility of unexpected changes to the terms.

Downloads

Authors

  • Simon Bradshaw
  • Christopher Millard
  • Ian Walden
Image Source: Natalie Racioppa
     
 
 




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Bank signs one contract, goes 100% renewable by EOY

Fifth Third Bank shows us just how easy it is becoming for corporations to source all of their electricity from renewables.




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Amazon and Microsoft trade barbs over JEDI contract appeal

The JEDI, or Joint Enterprise Defense Infrastructure, deal worth up to $10 billion has become one of the most tangled contracts for the Department of Defense.