Obama's Plan to Close Small Business Administration Could be Coming Soon



Press Release


Obama's Plan to Close Small Business Administration Could be Coming Soon




August 14, 2013


PETALUMA, Calif.--(BUSINESS WIRE)--President Obama’s plan to close the Small Business Administration (SBA) could be coming soon. SBA Administrator Karen Mills resigned February 11 and announced on July 18 that she would leave the agency at the end of August.


President Obama has not even mentioned a replacement for Mills.


American Small Business League (ASBL) President Lloyd Chapman predicted President Obama would try and close the SBA under the guise of combining it with the Department of Commerce on November 25, 2008. As Chapman predicted, President Obama announced his plan to essentially close the SBA by combining it with the Department of Commerce in January, 2012.


President Ronald Reagan made two failed attempts to close the SBA by combining it with the Department of Commerce.


President Obama claims combining the SBA with the Department of Commerce will save $300 million a year, roughly the cost of one jet fighter. At the same time President Obama wants to close the SBA to save $300 million a year, he has proposed spending $7 billion to build power plants in Africa under a program called “Power Africa.”


President Obama’s alleged $300 million savings by closing the SBA could be funded for over 23 years by the $7 billion he intends to spend in Africa. ASBL believes the real reason President Obama wants to close the SBA is to cover up the rampant fraud and abuse that has been uncovered in numerous investigative reports by the media and by investigations by the SBA’s own Inspector General. Every year of the Obama administration SBA Inspector General, Peg Gustafson, who was appointed by President Obama, has named the diversion of billions in federal small business contracts to corporate giants as the most rampant problem at the SBA.


President Obama recognized the magnitude of the fraud and abuse of the SBA in February of 2008 when he stated, “It’s time to end the diversion of federal small business contracts to corporate giants.”


President Obama has refused to adopt any policies or legislation to end the abuses of the SBA. President Obama did just the opposite by removing critical data from the government’s database of suppliers that has made it easier for large businesses to hijack federal small business contracts and harder for federal investigators to determine if a firm is a legitimate small business or a subsidiary or division of a small business.


As a result, the most recent data from the Federal Procurement Data System indicates, of the top 100 recipients of federal small business contracts in FY2012, 71 are large businesses. Closing the SBA would make all the fraud and abuse uncovered at the SBA moot point and avoids any embarrassment for President Obama as the next election cycle approaches.


For the ASBL’s latest video, click here.






Veterans preference fraud widespread but government prosecutes few cases

News

Veterans preference fraud widespread but government prosecutes few cases

By Mark Flatten
Washington Examiner
August 8, 2013

Part four of a five-part series. To see the complete series, along with video, interactive graphics and documents, click here.

Billions of federal dollars were flowing to small businesses owned by service-disabled veterans, and a pair of construction contractors in St. Louis wanted a piece of it.

But Michael Woodling and Joseph Madlinger were not disabled veterans, so they couldn't qualify for the bidding preferences being offered by the federal government under the Service-Disabled, Veteran-Owned Small Business program.

To get around the restriction, they hatched a "rent-a-vet" scheme, according to federal court records. They convinced an acquaintance, who was a disabled veteran, James Browdy, to put his name on new shell corporation, which would bid on the contracts. The work, and most of the profits, would be passed on to Woodling's firm, Gateway Contractors.

As an added lock on the lucrative construction contracts, Woodling and Madlinger bribed another acquaintance, Russell Todd, who at the time was director of projects for the Department of Veterans Affairs Medical Center in St. Louis.

The pair loaned Todd thousands of dollars, interest free, and bought him tickets to luxury seats at Cardinals baseball games. They also courted him with free lunches and frequent visits to a "gentleman's club" in nearby Sauget, Ill.

Todd ultimately steered more than $3.4 million in VA contracts to Browdy's business between 2007 and 2010, which were passed on to Gateway.

Todd, Woodling and Madlinger pleaded guilty to fraud and bribery-related charges last year. Browdy was not prosecuted.

The case illustrates many of the weaknesses in the SDVOSB program that have been identified in numerous investigations by the Government Accountability Office and the VA inspector general.

Veterans preference fraud potentially costs taxpayers billions of dollars every year, but federal prosecutions are rare. Investigations by the VA IG, which has been the most aggressive in policing the program, have led to 16 convictions in recent years.

Investigations by the IG at the Small Business Administration, which checks complaints for non-VA agencies, have resulted in 10 convictions since 2006.

All but one of the SBA cases are also on the VA IG list, meaning both agencies were involved in the investigation. It's not known how many cases, if any, have been brought by other agencies.

VA alone has more than 4,500 certified SDVOSBs in its database. There is no government-wide registry, but GAO estimates there could be more than 13,000 firms likely to bid on set-aside and sole-source contracts in the near future using the preference.

Most federal agencies do not even check the credentials of those seeking SDVOSB status. They operate on a "self-certification" system that relies on those applying for the preference to tell the truth about themselves and their businesses.

"Clearly in the absence of any verification, even of the fact that a person is truly a service-disabled veteran, you are just asking for it," said James O'Neill, assistant inspector general for investigations at VA. "If you don't have to prove it, you are going to have more of that kind of fraud."

VA is the only agency that verifies service disability and corporate control for those seeking SDVOSB status, a requirement of a law passed in 2010.

But the heightened standards only apply to VA. Other federal agencies remain vulnerable to fraud because they still rely on self-certification, according to GAO.

Common scams are "pass-through" and "rent-a-vet " schemes, according to a 2011 report from the VA- G.

Rules governing SDVOSBs require the disabled veteran own and control the company doing the work, and restrict how much of the job can be subcontracted.

In a pass-through scheme, a larger company like Gateway conspires with a separate SDVOSB that exists solely to qualify for the federal preference. The real beneficiary is the larger firm that does most of the work and keeps most of the profits.

A 2009 GAO report found one California SDVOSB was used to secure more than $5 million in pass-through contracts for a company headquartered in Europe with almost $12 billion in annual revenue.

Gateway is not the only company caught using a rent-a-vet. In 2007, Arthur Singleton, who owned a Georgia construction company, duped a Vietnam veteran who was bedridden because of surgeries related to his combat injuries into creating an SDVOSB solely for the purpose of securing federal contracts.

Singleton used the scheme to get about $2.8 million in work from four federal agencies, including VA. He pleaded guilty to federal charges and was sentenced to two years in prison in June.

Help from insiders also has been identified in several cases cited by federal investigators.

Patricia Gheen, a top business officer at the VA Health Administration Center in Denver, was forced to retire last year after the VA IG determined she steered $2.9 million in contracts to a SDVOSB that employed her former boss at the agency. No charges were filed.

Another VA IG report issued last year noted that three agency officials had been identified in separate investigations as having provided "improper sole-source contracting" to former VA employees who formed or worked for SDVOSBs.

In the past, federal investigators had to aggressively "market" fraud cases to Justice Department prosecutors, O'Neill said. The attitude was that as long as the work got done, there was no loss to the government, even though the company that profited from the contracts did not qualify as a SDVOSB.

But in 2010 the law was changed to create a presumption that money paid under a SDVOSB contract to an unqualified firm represents a loss to the government.

Since then, it has been easier to convince federal prosecutors to pursue cases, said O'Neill, adding the VA IG currently has more than 100 open criminal investigations involving potential SDVOSB fraud.

VA slow to clean up broken veterans preference contracting mess

News

VA slow to clean up broken veterans preference contracting mess

By Mark Flatten
Washington Examiner
August 7, 2013

Part three of a five-part series. To see all the stories and see video, documents and interactive graphics, click here.

Preventing fraud in the preference program aimed at helping small businesses owned by disabled veterans is finally a priority at the Department of Veterans Affairs.

It took several rewrites of the law and years of prodding by federal investigators. But VA is now verifying the qualifications of those claiming to be operators of Service-Disabled, Veteran-Owned Small Businesses.

Well, maybe VA is doing that.

Recent studies by the Government Accountability Office and the VA's inspector general question the agency's claims that it has rooted out hucksters who lie about their service records or control of businesses to win lucrative federal set-aside and sole-source contracts.

As recently as August 2012, GAO found VA's SDVOSB program "remains vulnerable to fraud and abuse" because agency officials could not give straight answers on how many firms had been verified under the rigorous standards passed by Congress in 2010.

Legitimately disabled veteran entrepreneurs are the real victims when fraud occurs, said Rep. Bill Johnson, R-Ohio, a retired Air Force officer who chaired a House Veterans Affairs subcommittee hearing on the issue last year.

They are the ones who miss out when unscrupulous competitors lie about their credentials to win the federal contracts, he said.

"To have someone intentionally misrepresent themselves as one of these great warriors and heroes in order to gain an advantage, that's about the tantamount of fraud that you can get," Johnson told the Washington Examiner.

VA awarded almost $3.4 billion last year to SDVOSBs under the law that requires agencies to ensure those firms get top priority when granting government contracts.

That is about 28 percent of all federal contracts given to businesses owned by individuals claiming to be veterans with service-connected disabilities, based on value.

But a 2011 investigation by the VA IG found three-quarters of the veteran-owned firms it reviewed did not qualify for the bidding preferences they received.

The IG estimated that unless VA did a more thorough job of screening applicants, it would award at least $500 million annually to ineligible companies.

Bidding preferences in place since 2003 allow federal agencies to reserve some contracts as "set-asides" for which only SDVOSBs can bid. Sole-source contracts are also permitted if only one SDVOSB can provide the product or service.

In 2006, a new law required VA to make SDVOSBs its top priority in awarding contracts. The 2006 law also required VA to at least check whether the listed owner of a firm seeking a preference was a service-disabled veteran. The new requirements applied only to VA.

But the 2006 verification procedures proved ineffective, little better than the "self-certification" that had been used previously by VA, and remains in place today at other federal agencies.

The law was changed again in 2010, requiring VA to do more thorough document checks of corporate and tax records, as well as to make site visits to ensure the disabled veterans listed as owners are actually who running day-to-day operations.

The new rules are effective if implemented correctly, according to both GAO and the VA IG. However, GAO reported last year that VA was slow to verify SDVOSB firms in its database under the enhanced procedures of the 2010 law.

GAO officials testified in August 2012 that of the 6,079 companies then listed in the VA database of SDVOSBs and veteran-owned businesses more than a third had only been checked under the loose standards of the 2006 law.

"The presence of firms that have only been subjected to the less-stringent process that VA previously used represents a continuing vulnerability," Richard Hillman of GAO told the House subcommittee chaired by Johnson.

Making matters worse, VA was unable to give a firm number of how many businesses had been checked under the newer standards. At one point, VA gave GAO seven different estimates of how many businesses had been re-verified under the 2010 rules, including two different figures in the same letter.

GAO concluded the shifting numbers indicated VA may not know how many firms had actually been verified.

VA officials told the Examiner in a written statement that all 5,918 veteran-owned and SDVOSBs now authorized to claim the bidding preference in agency contracts have been verified under the 2010 rules. Since late 2011, VA has overhauled its office that checks the qualifications of firms seeking SDVOSB status.

About 70 percent of the people working in the unit have backgrounds in auditing or as investigators in inspector general offices, according to VA. The unit also has six certified fraud examiners.

"VA acknowledges that there is no way to entirely eliminate fraud in any program, but believes that the steps taken have reduced VA's risk of awarding contracts to fraudulent companies," the VA statement said.

VA administrators declined to be interviewed for this series.

GAO and VA IG officials say they have not checked VA's verification procedures recently to determine whether all of the SDVOSBs doing business with the agency have been reviewed under the 2010 rules.

An IG spokeswoman said VA has yet to fully implement one of the two major recommendations from its 2011 audit of the SDVOSB program, which called for enhanced training of contracting officers.

 

Washington Post Has History of Helping Feds Cheat Small Businesses

Press Release

Washington Post Has History of Helping Feds Cheat Small Businesses

August 7, 2013

On October 22, 2008, the Washington Post published a story titled "Agencies Counted Big Firms as Small." The first sentence states, "US government agencies made at least $5 billion in mistakes... " They are telling us, in the first sentence, it's just "mistakes" and not fraudulent or intentional.

The Washington Post looked at a sample of $13 billion out of the $89 billion the government claimed went to small businesses. In that $13 billion sample they found what they called, "$5 billion in mistakes." That's a little over 38 percent. That's a tremendous amount of "mistakes." The $5 billion in "mistakes" were actually $5 billion in contracts that were reported as going to small businesses that in reality went to thousands of large businesses, including Fortune 500 firms.

There are two very interesting and unusual things to look at here from the newspaper that forced Richard Nixon to resign. First, why did they refer to the $5 billion as "mistakes?" How did they know these were mistakes and not intentional or an indication of fraud? How did they know this wasn't the result of blatant felony federal contracting fraud, as the SBA Office of Inspector General found three years earlier in Report 5-16? That investigation found large businesses had illegally hijacked federal small business contracts by making, "false certifications" and "improper certifications." How did the Washington Post know the $5 billion was not the result of "vendor deception" that was uncovered in an investigation by the SBA Office of Advocacy in 2004?

The second very suspicious aspect of the story is why they never applied the 38 percent of "mistakes" in the sample to the $89 billion total. A legitimate story would have reported, that based on their sample, it appeared that at least $33.8 billion in contracts reported as going to small businesses that year actually went to large businesses.

The obvious issue of why the alleged "mistakes" always divert small business contracts to corporate giants and falsely inflates the volume and percentage of federal contracts that appear to have gone to legitimate small businesses was conspicuously absent from the story.

The Washington Post undeniably tried to make it appear the $5 billion in so-called "mistakes" was the entire amount of the abuse and it was the result of random "mistakes" and not the intentional fraud and abuse by the government that it obviously is.

They clearly tried to help the federal government cover up the fact that legitimate small businesses have been intentionally cheated out of hundreds of billions in federal contracts for well over a decade.

The Washington Post continues their history of covering up fraud in federal small business contracting programs in their latest story, "Small Business Contracting Numbers Inflated by Errors and Exclusions Data Show."

For the ASBL's latest video, click here.

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'Trust me' is Federal Policy on Policing Preference Fraud

News

'Trust me' is Federal Policy on Policing Preference Fraud

By Mark Flatten
Washington Examiner
August 6, 2013

Part two of a five-part series. To see the complete series, including videos, documents and interactive graphics, click here.

Lying won't get you banned from a federal program that gives preferential treatment in government contracting to companies owned by veterans with service-connected disabilities.

If one agency catches you misrepresenting your qualifications, you can simply move on to the next one, which is unlikely to check your history.

Chances are you will continue to qualify for lucrative contracts with little or no competition as the owner of a Service-Disabled, Veteran-Owned Small Business.

The agency that caught you cheating in the first place will probably let you finish the contracts you already have. It may even give you new ones if you make minor changes to your company's paperwork.

Being banned from the program is rare. Being prosecuted is even rarer. Of the thousands of small businesses that get preferred bidding status as an SDVOSB, only 15 have been barred from receiving federal contracts since 2008.

The Government Accountability Office, the investigative arm of Congress, and multiple agency inspectors general have warned at least a dozen times since 2009 that the lack of enforcement and consequences in SDVOSB contracting results in massive fraud.

That is potentially costing taxpayers billions of dollars in improper payments annually, while depriving legitimate veteran-owned businesses the program is intended to help.

"There are at times no consequences for firms that fraudulently misrepresent their status as SDVOSBs or otherwise abuse the current system," the GAO said in a series of reports, the most recent of which was issued in January 2013.

"Not only are firms not prosecuted, suspended, or debarred, but in many cases, because there is no requirement for agencies to terminate contracts awarded to ineligible firms, the firms are allowed to continue performing contracts, even when contract termination costs would be minimal. In addition, ineligible firms in some instances continue bidding on SDVOSB contracts without consequences," the GAO report said.

Little has changed since that first warning was issued four years ago, said Stephen Lord, director of audits and investigative services for GAO. Federal investigators continue to find companies that misrepresent their qualifications yet continue getting new set-aside and sole-source contracts from the federal government.

Part of the problem is agencies awarding the contracts do not take responsibility for preventing fraud throughout the SDVOSB program. The Department of Veterans Affairs is the only exception.

VA is required by law to verify the eligibility of firms seeking contract set-asides, and maintain a list of qualified firms. But VA only checks those companies seeking VA contracts.

Businesses can avoid the heightened scrutiny by claiming SDVOSB status and getting contracts from other federal agencies.

For instance, a 2012 Department of Defense IG investigation found six companies that received $11.5 million in SDVOSB contracts from the military after being denied certification by VA.

A 2009 GAO study identified 10 firms that improperly received about $100 million in federal contracts from various agencies by misrepresenting their qualifications as SDVOSBs.

Even after the GAO report was published, those businesses secured $100 million in new federal contracts, including $16 million they won using the SDVOSB preference.

Outside of VA, federal agencies allow businesses seeking contracts under the program to "self-certify." That means all an unscrupulous business owner has to do to qualify for the contract is claim in the paperwork to be a service-disabled veteran who owns and controls the company seeking the work.

The information is rarely checked unless a protest is filed with the Small Business Administration, the agency that is most responsible for running the program government-wide.

Unless there is a protest, neither the SBA, nor the agency issuing the contract will investigate the credentials of a firm claiming SDVOSB status. Agencies do not even check the names of business owners with VA to determine if they are disabled veterans.

There is no government-wide list of qualified SDVOSB vendors. Companies can bid on individual contracts, so there is no fixed number of SDVOSBs at any given time.

SBA makes no apologies for its failure to police the SDVOSB program. The law does not require the agency to do it, and Congress has not provided funding or people to do the work, said Kenneth Dodds, director of government contracting for SBA.

"A certification program takes a lot of resources, money, people," Dodds said. "We just haven't been given direct statutory direction to start a program to certify all firms before they participate."

GAO does not buy the argument, noting in its reports that SBA is authorized to develop anti-fraud controls and conduct its own reviews to ensure the integrity of the program.

"Anytime there are sums of money involved, you want to ensure they are spent as intended," Lord, of GAO, said. "So it's difficult to argue you should be absolved of all responsibility if you are the one responsible for managing the program."

It cost VA about $12 million to run its SDVOSB certification program in 2012, a year in which it issued $3.4 billion in contracts to eligible firms.