SECRUTIY CONTRACTOR SENTENCED FOR FRAUDULENT CONTRACT BIDS

FROM: U.S. DEPARTMENT OF JUSTICE
Friday, June 14, 2013

Former Security Contractor Executives Sentenced for Illegally Obtaining More Than $31 Million Intended for Disadvantaged Small Businesses

Two executives at a Virginia-based security contracting firm were sentenced in the Eastern District of Virginia for their roles in using a front company to obtain more than $31 million intended for disadvantaged small businesses as part of the Small Business Administration’s (SBA) Section 8(a) program. This program allows qualified small businesses to receive sole-source and competitive-bid contracts set aside for minority-owned and disadvantaged small businesses.


Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Neil H. MacBride of the Eastern District of Virginia; National Aeronautics and Space Administration (NASA) Inspector General Paul K. Martin; SBA Inspector General Peggy E. Gustafson; Defense Criminal Investigative Service (DCIS) Special Agent in Charge of Mid-Atlantic Field Office Robert E. Craig; General Services Administration (GSA) Inspector General Brian D. Miller; and Department of Homeland Security (DHS) Deputy Inspector General Charles K. Edwards made the announcement after sentencing by United States District Judge Leonie M. Brinkema.

Joseph Richards, 52, of Arlington, Va., and David Lux, 66, of Springfield, Va., were sentenced today to 27 and 15 months in prison, respectively, after pleading guilty in March 2013 to conspiracy to commit major government fraud. Both men were ordered to complete community service as part of their supervised release following their prison terms. Richards was ordered to pay $120,378 in restitution, and Lux was ordered to forfeit $115,556.

According to court documents, Richards and Lux were executives at an Arlington-based security contracting firm referred to as Company A in court records. In approximately 2001, Keith Hedman, 53, of Arlington, formed Company A, which was approved to participate in the 8(a) program based on the 8(a) eligibility of its listed president and CEO, an African-American female. When the listed president and CEO left Company A in 2003, Hedman became its sole owner, and the company was no longer 8(a)-eligible.

In 2003, Hedman created Company B, another Arlington-based security contractor, to ensure that he could continue to gain access to 8(a) contracting preferences for which Company A was no longer qualified. Prior to applying for Company B’s 8(a) status, Hedman selected an employee, Dawn Hamilton, 48, of Brownsville, Md., to serve as a figurehead owner based on her Portuguese heritage and history of social disadvantage. In reality, the new company was managed by Hedman and Company A senior leadership in violation of 8(a) rules and regulations. To deceive the SBA, the co-conspirators falsely claimed that Hamilton formed and founded the company and that she was the only member of the company’s management. Based on those misrepresentations, Company B obtained 8(a) status in 2004. From 2004 through February 2012, Hedman – not Hamilton – impermissibly exercised ultimate decision-making authority and control over Company B by directing its finances, allocation of personnel, and government contracting activities.

Richards and Lux joined the scheme in 2005 and 2008, respectively. Hedman offered Richards and Lux ownership stakes in Company B in exchange for their assistance in misleading the SBA and other U.S. government agencies, and both men accepted. Once they joined the conspiracy, Richards and Lux took a variety of actions to further the fraud against the United States. In 2008, for example, both Richards and Lux helped Company B overcome a protest by another company that accused Company A and Company B of improperly obtaining a $48 million Coast Guard contract.

From 2008 to 2010, Richards moved to Company B’s payroll to help Hedman illegally operate Company B. In 2010, Lux helped Hedman withdraw more than $1 million in cash from Company B’s accounts, which Hedman then disbursed to various conspirators, including $100,000 in cash to both Richards and Lux. Richards and Lux also assisted Hedman, Hamilton, and other co-conspirators prepare false documents, including annual reviews, to submit to SBA and other government agencies.

In total, the scheme netted government contracts valued at more than $153 million, from which Company B obtained more than $31 million in contract payments. The various conspirators netted more than $6.1 million that they were not entitled to receive from those payments.

Six other defendants have pleaded guilty in the scheme:

• Hedman is scheduled to be sentenced by U.S. District Judge Gerald Bruce Lee on June 21, 2013.
• Hamilton is scheduled to be sentenced by U.S. District Judge T. S. Ellis, III on June 28, 2013.
• David Sanborn, 60, of Lexington, S.C., Company A’s former president, is scheduled to be sentenced by U.S District Judge Claude M. Hilton on July 19, 2013.
• John Hertogs, 42, of Winter Springs, Fl., Company B’s former director of operations, is scheduled to be sentenced by Judge Hilton on July 12, 2013, for submitting a fraudulent 8(a) application for a follow-on company that Hedman and Hamilton intended to use once Company B graduated from the 8(a) program.
• Derek Matthews, 47, of Harwood, Md., former Regional Director for the National Capital Region of the Federal Protective Service, is scheduled to be sentenced by Judge Brinkema on July 19, 2013, for a related bribery scheme in which Hedman agreed to pay Matthews $50,000 and a percentage of new business in exchange for Matthews helping Company B obtain contracts.
• Michael Dunkel, 59, of Merritt Island, Fl., is scheduled to be sentenced by Judge Lee on Oct. 4, 2013, for obtaining more than $4.4 million in payments by using Company B as a pass-through company on NASA contracts.

This case is being investigated by NASA Office of the Inspector General (OIG), the SBA -OIG, DCIS-OIG, GSA-OIG, and DHS-OIG, with assistance from the Defense Contract Audit Agency. Assistant U.S. Attorneys Chad Golder and Ryan Faulconer, a former Trial Attorney for the Criminal Division’s Fraud Section, are prosecuting the case on behalf of the United States.

THE U.S. SMALL BUSINESS ADMINISTRATION APPROVES OVER $42 MILLION IN DISASTER LAOANS IN NEW JERSEY

FROM: U.S. FEDERAL EMERGENCY MANAGEMENT AGENCY

Over $42 Million In Disaster Loans Approved In New Jersey, SBA Urges Submission Of Applications Before December 31 Deadline

TRENTON, N.J. -- The U.S. Small Business Administration has approved over $42.3 million in disaster assistance loans for 653 New Jersey residents and businesses affected by Hurricane Sandy. The deadline to apply for physical damage is December 31, 2012. Those affected by the disaster are encouraged to apply now and may apply for disaster loans electronically from SBA’s website at https://disasterloan.sba.gov/ela/.

Applicants do not have to wait for insurance to be settled before applying. No one is obligated to take a loan if it is offered, but if you don’t accept a loan, you may not be eligible for FEMA’s Other Needs Assistance. However, it is important for businesses and residents to maximize their recovery resources and take time to submit their SBA disaster applications before the December 31 deadline.

SBA offers the following types of low-interest, long-term loans to cover uninsured losses:

Home Disaster Loans: to homeowners to repair disaster-damaged real estate and replace damaged contents. Renters are also eligible for their contents loss.

Business Physical Disaster Loans: to businesses to repair disaster-damaged property and repair/replace damaged business contents including inventory, machinery and equipment. Businesses of any size are eligible. Private, non-profit organizations such as charities, churches, etc., are also eligible.

Economic Injury Disaster Loans (EIDLs): to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary financial obligations that cannot be met as a direct result of the disaster.

Interest rates are as low as 1.688 percent for homeowners and renters, 3 percent for non-profit organizations and 4 percent for businesses with terms up to 30 years.

The filing deadline to return applications for physical damage is December 31, 2012. The deadline to return economic injury applications is July 31, 2013.

SBA customer service representatives are available at all Disaster Recovery Centers (DRCs) throughout the state and at the ten Business Recovery Centers (BRCs) in Atlantic City, Hackensack, Cape May, Newark, Jersey City, Piscataway, Lincroft, Manahawkin, Paterson and Plainfield.

SBA’s partners including counselors with the New Jersey Small Business Development Center (NJSBDC), SCORE, SBA Women’s Business Center and SBA’s Veteran’s Business Outreach Center are available to help business owners prepare needed financial information at no charge.

Details on the locations of Centers and the loan application process can be obtained by calling the SBA Customer Service Center at 800-659-2955, TTY 800-877-8339 or by sending an email to disastercustomerservice@sba.gov.

Loan applications can be downloaded from www.sba.gov. Completed applications should be mailed to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

SBA OFFERS ADVICE ON HOW TO SELL GOODS AND SERVICES TO THE GOVERNMENT

The following excerpt is from a Small Business Administration e-mail:

Ever Considered Selling Your Products or Services to the U.S. Government?
I”t’s a big market! In fact, Uncle Sam buys nearly 100 billion dollars worth of goods and services from small businesses each year.
Ready to Get Started?
Selling to the government is a little different than the commercial sector. That’s why the SBA offers a variety of guides, tools, training and more.

> Online Community – Ask experts in our online community of 30,000+ members. Our Government Contracting Discussion Board is particularly useful.

> Free Online Training - SBA’s Government Contracting Classroom offers a series of free courses to help you each step of the way.

> SBA Contracting Programs – SBA offers a range of programs designed to help small businesses sell to the government. These programs include small business assistance, as well as support for groups such as women- and veteran- owned businesses, disadvantaged businesses, and those located in economically distressed areas.

> Blogs and Articles - Hundreds of articles in the SBA Community written by SBA and government contracting professionals help explain the particulars of doing business with Uncle Sam.

> Local SBA Offices - SBA's 68 District Offices throughout the country are ready to give you the support, training, and assistance you “