NCJ Number
144021
Date Published
1984
Length
163 pages
Annotation
This manual provides Federal, State, and local prosecutors with a working guide that familiarizes them with the government procurement process and assists them in the recognition, prosecution, and prevention of procurement fraud and abuse.
Abstract
The first section of the manual provides an overview of the procurement process, related fraud, and the Model Procurement Code. Material on antitrust violations in government contracts focuses on prevention, detection, price-fixing and other anticompetitive activities in purchasing contracts, debarment and suspension procedures, and antitrust compliance programs. The section on prosecutions for fraud and false pretenses addresses the preparation of the case and possible defenses. Defective pricing at the State and Federal levels is discussed in another section. The section on State prosecutions for conspiracy focuses on the law of conspiracy and the prosecution of a conspiracy case. The elements of bribery are discussed in another section. The section on conflicts of interest in State government contracting provides an overview of conflict-of-interest law and emphasizes the sometimes underestimated value of conflict of interest actions as a weapon to combat fraud and abuse in procurement systems. Other sections address civil remedies for official corruption, the dangers and pitfalls in prosecuting government corruption cases, the removal of government officials for misconduct, debarment and suspension, civil remedies, and civil remedies under the Racketeer Influenced and Corrupt Organizations Act.