January 25, 2022

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Puerto Rico Mayor Pleads Guilty to Accepting Bribes in Exchange for Millions in Municipal Contracts

16 min read
<div>A mayor pleaded guilty yesterday in Puerto Rico to engaging in a bribery scheme in which he received cash payments in exchange for awarding municipal contracts to a particular company (Company A). Relatedly, a Puerto Rico contractor was arrested today for allegedly paying bribes and kickbacks to the mayor.</div>
A mayor pleaded guilty yesterday in Puerto Rico to engaging in a bribery scheme in which he received cash payments in exchange for awarding municipal contracts to a particular company (Company A). Relatedly, a Puerto Rico contractor was arrested today for allegedly paying bribes and kickbacks to the mayor.

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  • Next Generation Combat Vehicles: As Army Prioritizes Rapid Development, More Attention Needed to Provide Insight on Cost Estimates and Systems Engineering Risks
    In U.S GAO News
    The four efforts within the Next Generation Combat Vehicles (NGCV) portfolio all prioritize rapid development, while using different acquisition approaches and contracting strategies. Some of the efforts use the new middle-tier acquisition approach, which enables rapid development by exempting programs from many existing DOD acquisition processes and policies. Similarly, the efforts use contracting strategies that include both traditional contract types as well as more flexible approaches to enable rapid development of technology and designs. Vehicles of the Next Generation Combat Vehicles Portfolio The two programs within the portfolio that recently initiated acquisitions—Mobile Protected Firepower and Optionally Manned Fighting Vehicle—have taken some steps to mitigate risks in cost and technology consistent with GAO's leading practices. The Army's use of the middle-tier approach for these efforts may facilitate rapid development, but the programs could benefit from additional application of GAO's leading practices. For example, the programs identified some risks in their cost estimates, but because each presented a single estimate of the total cost—referred to as a point estimate—these estimates do not fully reflect how uncertainty could affect costs. Similarly, the programs took some steps to mitigate technical risk by limiting development to 6 years or less and incrementally introducing new technologies, steps consistent with GAO's leading practices. However, by delaying key systems engineering reviews, the programs took some steps not consistent with leading practices, which could increase technical risk. While trade-offs may be necessary to facilitate rapid development, more consistent application of GAO's leading practices for providing cost estimates that reflect uncertainty and conducting timely systems engineering reviews could improve Army's ability to provide insight to decision makers and deliver capability to the warfighter on time and at or near expected costs. The Army has taken actions to enhance communication, both within the Army and with Department of Defense stakeholders, to mitigate risks. Within the Army, these actions included implementing a cross-functional team structure to collaboratively develop program requirements with input from acquisition, contracting, and technology development staff. Program officials also coordinated with other Army and Department of Defense stakeholders responsible for cost and test assessment, even where not required by policy, to mitigate risk. The Army views the NGCV portfolio as one of its most critical and urgent modernization priorities, as many current Army ground combat vehicles were developed in the 1980s or earlier. Past efforts to replace some of these systems failed at a cost of roughly $23 billion. In November 2017, the Army began new efforts to modernize this portfolio. GAO was asked to review the Army's plans for modernizing its fleet of ground combat vehicles. This report examines (1) the acquisition approaches and contracting strategies the Army is considering for the NGCV portfolio, (2) the extent to which the Army's efforts to balance schedule, cost, and technology are reducing acquisition risks for that portfolio, and (3) how the Army is communicating internally and externally to reduce acquisition risks. GAO reviewed the acquisition and contracting plans for each of the vehicles in the portfolio to determine their approaches; assessed schedule, cost, and technology information—where available—against GAO's leading practice guides on these issues as well as other leading practices for acquisition; and interviewed Army and DOD officials. GAO is making three recommendations, including that the Army follow leading practices on cost estimation and systems engineering to mitigate program risk. In its response, the Army concurred with these recommendations and plans to take action to address them. For more information, contact Jon Ludwigson at (202) 512-4841 or ludwigsonj@gao.gov.
    [Read More…]
  • Annual Bankruptcy Filings Fall 29.7 Percent
    In U.S Courts
    Bankruptcy filings fell sharply for the 12-month period ending Dec. 31, 2020, despite a significant surge in unemployment related to the coronavirus (COVID-19).
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  • Justice Department and Federal Maritime Commission Sign Memorandum of Understanding to Support Interagency Collaboration
    In Crime News
    The Department of Justice’s Antitrust Division and the Federal Maritime Commission (FMC) have signed the first interagency Memorandum of Understanding (MOU) to foster cooperation and communication between the agencies to enhance competition in the maritime industry. Acting Assistant Attorney General Richard A. Powers and FMC Chairman Daniel Maffei signed the MOU between the Antitrust Division and the FMC effective this afternoon following Friday’s announcement of the Executive Order on Promoting Competition in the American Economy.
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  • Justice Department Releases $58 Million in Solicitations to Combat the Distribution of Illicit Drugs and Improve Officer Wellness
    In Crime News
    The Justice Department announced today that the Office of Community Oriented Policing Services (COPS Office) has released approximately $58 million in three grant solicitations that will advance community policing, help combat the dual scourges of opioid and methamphetamine use, and promote the health and safety of our nation’s law enforcement officers.
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  • COVID-19 Contracting: Observations on Contractor Paid Leave Reimbursement Guidance and Use
    In U.S GAO News
    Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act generally authorizes agencies at their discretion to reimburse a contractor for the cost of paid leave incurred during the pandemic so that it can maintain its workforce in a ready state. Between March 2020—when the CARES Act was enacted—and early July 2020, the Office of Management and Budget (OMB) and each of the seven other agencies in GAO's review issued guidance to implement section 3610. While largely similar, GAO's work identified some differences across these guidance documents, including the extent to which the rates used to calculate these reimbursements could include profit or fees. OMB issued additional guidance on July 14, 2020, that addressed these differences and clarified how agencies should handle each situation. For example, OMB noted that profit or fees should generally not be reimbursed but provided options for addressing situations in which removing profit or fees would be burdensome. OMB advised agencies to report the amount reimbursed using section 3610 authority via contract modifications to the Federal Procurement Data System-Next Generation (FPDS-NG). After excluding reported obligations identified by agency officials as not associated with section 3610 authority, the reported data indicated that agencies made relatively little use of the authority through July 2020 (see figure). However, the Department of Energy (DOE) reimbursed contractors for almost $550 million in paid leave costs, stating it used existing obligations rather than adding funding via a contract modification. As a result, these amounts were not reported to FPDS-NG as section 3610 reimbursements. Obligations Using Section 3610 Authority Reported to the Federal Procurement Data System-Next Generation by Selected Agencies from January 31 to July 20, 2020 Agency officials and industry representatives GAO interviewed identified several factors that limited section 3610 obligations to date, including the absence of dedicated funding. With the exceptions of the Department of Defense (DOD) and DOE, agency officials GAO met with either did not expect a large amount or were uncertain about the level of future requests for section 3610 reimbursements. DOD officials stated that they expected requests amounting to billions of dollars. In March 2020, Congress passed the CARES Act, which provides over $2 trillion in emergency assistance and healthcare response for individuals, families, and businesses affected by COVID-19. The CARES Act also includes a provision for GAO to review federal contracting pursuant to authorities provided in the Act. This report addresses the implementation of section 3610 of the CARES Act, which authorizes federal agencies to reimburse contractors for paid leave related to the COVID-19 pandemic through September 30, 2020. This report describes (1) the extent to which section 3610 implementation guidance provided by selected federal agencies and OMB differs and (2) the extent to which selected federal agencies reported use of section 3610 authority through July 20, 2020. GAO reviewed relevant guidance issued by OMB and the seven federal agencies with contract obligations greater than $10 billion in fiscal year 2019; interviewed cognizant officials from OMB and each agency; and reviewed comments provided by and spoke with representatives from four industry associations. GAO also analyzed public procurement data reported by selected agencies to FPDS-NG through July 20, 2020 on the use of section 3610 authority. GAO will continue to assess how agencies are implementing section 3610 authority as part of a series of planned reports regarding the federal response to COVID-19. For more information, contact Timothy J. DiNapoli at (202) 512-4841 or dinapolit@gao.gov.
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  • Former Owner of Florida Produce Business Pleads Guilty to Tax Evasion
    In Crime News
    A Florida man pleaded guilty today to tax evasion in federal district court in Fort Lauderdale. 
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  • Homeland Security: DHS Needs to Fully Implement Key Practices in Acquiring Biometric Identity Management System
    In U.S GAO News
    What GAO Found The Department of Homeland Security (DHS) initially expected to implement the entire Homeland Advanced Recognition Technology (HART) by 2021; however, no segments of the program have been deployed to date. Currently estimated to cost $4.3 billion in total, DHS plans to deploy increment 1 of the program in December 2021 and expects to implement later increments in 2022 and 2024. Increment 1 is expected to replace the functionality of the existing system. Although the multi-billion dollar HART program had suffered continuing delays, until the end of last year, the DHS Chief Information Officer (CIO) had reported the program as low risk on the IT Dashboard, a website showing, among other things, the performance and risks of agency information technology (IT) investments. In May 2020, the Office of the CIO began developing a new assessment process which led to the CIO accurately elevating HART's rating from low to high risk and reporting this rating to the IT Dashboard in November 2020. In addition, consistent with OMB guidance, the CIO fulfilled applicable oversight requirements for high-risk IT programs by, among other things, conducting a review of the program known as a TechStat review. While the CIO complied with applicable oversight requirements in conducting the TechStat review, GAO noted that DHS's associated policy was outdated. Specifically, the 2017 policy does not reflect the revised process DHS started using in 2020. As such, until the guidance is updated, other departmental IT programs deemed high risk would likely not be readily aware of the specific process requirements. Concurrent with the CIO's actions to conduct oversight, HART program management has also acted to implement important risk management practices. Specifically, GAO found that HART had fully implemented four of seven risk management best practices and partially implemented the remaining three (see table). For example, as of February 2021, the program had identified 49 active risks, including 15 related to cost and schedule and 17 related to technical issues. While DHS has plans under way to fully implement two of the partially implemented practices, until it fully implements the remaining practice its efforts to effectively monitor the status of risks and mitigation plans may be hampered. Summary of the Homeland Advanced Recognition Technology Program's Implementation of the Seven Risk Management Practices Practice GAO assessment 1. Determine risk sources and categories ● 2. Define parameters to analyze and categorize risks ● 3. Establish and maintain a risk management strategy ◑ 4. Identify and document risks ● 5. Evaluate and categorize each identified risk using defined risk categories and parameters, and determine its relative priority ● 6. Develop a risk mitigation plan in accordance with the risk management strategy ◑ 7. Monitor the status of each risk periodically and implement the risk mitigation plan as appropriate ◑ Legend: ● = Fully implemented ◑ = Partially implemented ○ = Not implemented Source: GAO analysis of agency data. | GAO-21-386 Why GAO Did This Study DHS currently uses an outdated system, implemented over 27 years ago, for providing biometric identity management services (i.e., fingerprint matching and facial recognition technology services), known as the Automated Biometric Identification System, or IDENT. In 2016, DHS initiated a multi-billion dollar program known as HART, which is intended to replace the existing system. GAO was asked to evaluate the HART program. Its specific objectives, among others, were to (1) determine the status of the program, (2) assess the extent to which the DHS CIO was accurately reporting risk and meeting applicable oversight requirements, and (3) assess the extent to which the program was identifying and managing its risks. To accomplish these objectives, GAO identified the program's schedule and cost estimates, assessed the CIO's risk ratings and HART oversight documentation and related evidence against OMB guidance, and compared the program's risk management practices to best practices that are essential to identifying and mitigating potential problems. In addition, GAO interviewed appropriate officials.
    [Read More…]
  • Biglari Holdings Inc. to Pay Civil Penalty for Repeat Violation of Antitrust Pre-Transaction Notification Requirements
    In Crime News
    The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia against Biglari Holdings Inc. (Biglari Holdings), a restaurant chain owner and investment fund operator.
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  • Information Technology: Federal Agencies Need to Take Urgent Action to Manage Supply Chain Risks
    In U.S GAO News
    Few of the 23 civilian Chief Financial Officers Act agencies had implemented seven selected foundational practices for managing information and communications technology (ICT) supply chain risks. Supply chain risk management (SCRM) is the process of identifying, assessing, and mitigating the risks associated with the global and distributed nature of ICT product and service supply chains. Many of the manufacturing inputs for these ICT products and services originate from a variety of sources throughout the world. (See figure 1.) Figure 1: Examples of Locations of Manufacturers or Suppliers of Information and Communications Technology Products and Services None of the 23 agencies fully implemented all of the SCRM practices and 14 of the 23 agencies had not implemented any of the practices. The practice with the highest rate of implementation was implemented by only six agencies. Conversely, none of the other practices were implemented by more than three agencies. Moreover, one practice had not been implemented by any of the agencies. (See figure 2.) Figure 2: Extent to Which the 23 Civilian Chief Financial Officers Act Agencies Implemented Information and Communications Technology (ICT) Supply Chain Risk Management (SCRM) Practices As a result of these weaknesses, these agencies are at a greater risk that malicious actors could exploit vulnerabilities in the ICT supply chain causing disruption to mission operations, harm to individuals, or theft of intellectual property. For example, without establishing executive oversight of SCRM activities, agencies are limited in their ability to make risk decisions across the organization about how to most effectively secure their ICT product and service supply chains. Moreover, agencies lack the ability to understand and manage risk and reduce the likelihood that adverse events will occur without reasonable visibility and traceability into supply chains. Officials from the 23 agencies cited various factors that limited their implementation of the foundational practices for managing supply chain risks. The most commonly cited factor was the lack of federal SCRM guidance. For example, several agencies reported that they were waiting for federal guidance to be issued from the Federal Acquisition Security Council—a cross-agency group responsible for providing direction and guidance to executive agencies to reduce their supply chain risks—before implementing one or more of the foundational practices. According to Office of Management and Budget (OMB) officials, the council expects to complete this effort by December 2020. While the additional direction and guidance from the council could further assist agencies with the implementation of these practices, federal agencies currently have guidance to assist with managing their ICT supply chain risks. Specifically, the National Institute of Standards and Technology (NIST) issued ICT SCRM-specific guidance in 2015 and OMB has required agencies to implement ICT SCRM since 2016. Until agencies implement all of the foundational ICT SCRM practices, they will be limited in their ability to address supply chain risks across their organizations effectively. Federal agencies rely extensively on ICT products and services (e.g., computing systems, software, and networks) to carry out their operations. However, agencies face numerous ICT supply chain risks, including threats posed by counterfeiters who may exploit vulnerabilities in the supply chain and, thus, compromise the confidentiality, integrity, or availability of an organization's systems and the information they contain. For example, in September 2019, the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency reported that federal agencies faced approximately 180 different ICT supply chain-related threats. To address threats such as these, agencies must make risk-based ICT supply chain decisions about how to secure their systems. GAO was asked to conduct a review of federal agencies' ICT SCRM practices. The specific objective was to determine the extent to which federal agencies have implemented foundational ICT SCRM practices. To do so, GAO identified seven practices from NIST guidance that are foundational for an organization-wide approach to ICT SCRM and compared them to policies, procedures, and other documentation from the 23 civilian Chief Financial Officers Act agencies. This is a public version of a sensitive report that GAO issued in October 2020. Information that agencies deemed sensitive was omitted and GAO substituted numeric identifiers that were randomly assigned for the names of the agencies due to sensitivity concerns. The foundational practices comprising ICT SCRM are: establishing executive oversight of ICT activities, including designating responsibility for leading agency-wide SCRM activities; developing an agency-wide ICT SCRM strategy for providing the organizational context in which risk-based decisions will be made; establishing an approach to identify and document agency ICT supply chain(s); establishing a process to conduct agency-wide assessments of ICT supply chain risks that identify, aggregate, and prioritize ICT supply chain risks that are present across the organization; establishing a process to conduct a SCRM review of a potential supplier that may include reviews of the processes used by suppliers to design, develop, test, implement, verify, deliver, and support ICT products and services; developing organizational ICT SCRM requirements for suppliers to ensure that suppliers are adequately addressing risks associated with ICT products and services; and developing organizational procedures to detect counterfeit and compromised ICT products prior to their deployment. GAO also interviewed relevant agency officials. In the sensitive report, GAO made a total of 145 recommendations to the 23 agencies to fully implement foundational practices in their organization-wide approaches to ICT SCRM. Of the 23 agencies, 17 agreed with all of the recommendations made to them; two agencies agreed with most, but not all of the recommendations; one agency disagreed with all of the recommendations; two agencies neither agreed nor disagreed with the recommendations, but stated they would address them; and one agency had no comments. GAO continues to believe that all of the recommendations are warranted, as discussed in the sensitive report. For more information, contact Carol C. Harris at (202) 512-4456 or harrisCC@gao.gov.
    [Read More…]
  • Newport News Tax Preparer Pleads Guilty to Preparing False Return
    In Crime News
    A Newport News, Virginia, tax preparer pleaded guilty today to aiding and assisting the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia.
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  • Man Who Worked At Local Research Institute For 10 Years Pleads Guilty To Conspiring To Steal Trade Secrets, Sell Them In China
    In Crime News
    A former Dublin, Ohio, man pleaded guilty in U.S. District Court today to conspiring to steal exosome-related trade secrets concerning the research, identification and treatment of a range of pediatric medical conditions. Yu Zhou, 50, also pleaded guilty to conspiring to commit wire fraud.
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  • Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement
    In Crime News
    G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig bids, allocate customers, and fix prices for defense-related security services, including a multimillion-dollar contract issued in 2020 to provide security services to the U.S. Department of Defense for military bases and installations in Belgium. This is the first international resolution obtained by the Procurement Collusion Strike Force (PCSF).
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