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About Bob

Bob Wagman has experience representing U.S. and foreign companies of all sizes in a broad range of industries in all facets of conducting business with the government including government contracts, grants and other federally-funded projects. His experience ranges from representing companies in litigation matters before courts and administrative tribunals to advising clients in transactional matters and regulatory compliance.

Bob has represented numerous companies in civil False Claims Act (qui tam) matters ranging from representing companies at the early stages of DOJ/Inspector General investigations, to securing dismissal of qui tam complaints, to defending firms in jury trials. He has conducted internal investigations on behalf of companies and boards of directors and advised on self-disclosure obligations. Bob also has represented companies and individuals in suspension and debarment matters. He has experience in representing government contractors in criminal investigations involving alleged misconduct on government programs. In the bid protest arena, he has successfully represented both protesters and intervenors in bid protest matters at the GAO, the Court of Federal Claims and before agencies. He has prosecuted claims on behalf of companies and also represented companies in prime/sub disputes.

He also has deep transactional experience, having advised numerous buyers, sellers, investors and lenders on corporate transactions involving government contractors, including conducting due diligence. Bob has also advised several energy companies in federally-funded projects. He has represented companies in several transactions involving foreign acquisitions requiring foreign ownership, control or influence (FOCI) mitigation procedures and Committee on Foreign Investment in the US (CFIUS) regulatory approvals. Additionally, he regularly counsels companies on day-to-day contract matters including government contract intellectual property issues and unique corporate compliance requirements.

Experience

Recent Notable Matters

Public key infrastructure company — successfully represented company that provides Public Key Infrastructure (PKI) support to the Department of State in a four-day jury trial over breach of contract matter

Satellite communications company — counseled start-up that provides next generation satellite communications services to government agencies on federal procurement matters

Technology services and solutions company — provided government contracting advice to company that provides engineering, programmatic and information technology products to the government

Chrysler Corporation — Qui Tam case alleging intentional defective pricing by Chrysler’s electronics subsidiary on a military contract. Case settled prior to trial.*

Aramark Corporation — Qui Tam case alleging overcharging Medicare and Medicaid patients on a hospital food-service contracts at Johns Hopkins hospital. Court granted motion to dismiss.*

Amerigroup Illinois, Inc. — Qui Tam case alleging state Medicaid HMO contractor was avoiding less healthy patients and pregnant women. Case tried to verdict and settled on appeal.*

Sodexho — Qui Tam case alleging fraudulent billing against multiple food service contractors on school lunch programs. Court granted motion to dismiss based on public disclosure bar. (Reported at 2009 WL 579380.)*

Cartwright International Van Lines — criminal price fixing conspiracy charges related to freight forwarding of U.S. military personnel household items. Negotiated settlement of criminal charges as well as parallel civil False Claims Act case. Also, negotiated an administrative settlement agreement with the Army to avoid debarment related to criminal plea.*

A publicly traded IT services firm — one of the several industry-wide False Claims Act cases claiming overcharging on government contracts related to travel rebates. After DOJ investigation, the government and relator voluntarily dismissed the case against our client before seal was lifted.*

A former Oracle executive — Qui Tam suit related to overcharging for software on GSA schedule contract. Case settled prior to trial.*

Basic Contracting Services, Inc. — Qui Tam case alleging false certifications related to training and guard pay. Court granted motion to dismiss*

D.H.B Industries — industry-wide False Claims Act investigation into Zylon vests sold to federal and local law enforcement agencies. Case settled prior to complaint being filed.*

IT Services firm — internal investigation on a classified contract related to a whistleblower’s claims concerning falsified time charging, resulting in the government electing not to pursue any charges.

A publicly traded company — successfully defended client in an eight-year grand jury investigation jointly conducted by DOJ and the Department of Defense Office of the Inspector General into alleged bid rigging related to US Air Force government contracts. Prosecutors closed the investigation without any charges being filed against the company or any individuals.*

A government contractor — defended client contractor in a grand jury investigation into alleged antitrust violations related to state human services contracts. DOJ Prosecutors closed the investigation without any charges being filed against the company or any individuals.*

A large public university system — successfully represented system in a National Science Foundation Office of the Inspector General investigation related to the university’s federally funded research projects*

* Work completed prior to Bracewell

Publications and Speeches

“The New Era of Transparent Internal Audits,” BoardMember.com, June 2012.

Credentials

Education

American University, Washington College of Law,
J.D.
1999
University of Maryland,
B.S.
1992

Bar Admissions

District of Columbia
Maryland

Affiliations

Court of Federal Claims
American Bar Association
Public Contracts Law Section
Government Contracts and Litigation Section

News

Insights

Insights

DOJ’s False Claims Act FY 2017 Statistics Show Focus on Energy

January 4, 2018

On December 21, 2017, the Civil Division of the U.S. Department of Justice (DOJ) released its annual statistics on False Claims Act recoveries, announcing that it had obtained more than $3.7 billion in settlements and judgments in Fiscal Year 2017. (A copy of DOJ’s press release is available here...

SolarCity Settles Grant Fraud Allegations

September 26, 2017

In another reminder that doing business with the federal government presents unique risks, on September 22, 2017, the U.S. Justice Department announced that SolarCity Corporation had agreed to pay $29.5 million to resolve the government’s allegations that SolarCity and related entities had violated the Civil False Claims Act...

Federal Procurement: CBCA side with DOE on Nuclear Contractor’s Claim for Additional Fees

March 27, 2017

On March 23, 2017, the Civilian Board of Contract Appeals (CBCA) granted summary judgment to the Department of Energy in a contract dispute with CB&I AREVA MOX Services, LLC (Mox Services) over the appropriate fee in a contract for mixed oxide fuel fabrication and reactor irradiation services with the National Nuclear Security Administration (NNSA). The contract at issue was a cost-plus-fixed-fee contract originally awarded in 1999, which called for the design and planning of a domestic mixed oxide fuel fabrication facility. MOX’s contract also provided for three option phases for cold...