Justice Department Investigations of Defense Procurement Fraud: A Case Study : a Staff Study

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U.S. Government Printing Office, 1988 - Armed Forces - 943 pages

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Page 29 - The test is whether the false statement has a natural tendency to influence, or was capable of influencing, the decision of the tribunal in making a determination required to be made.
Page 474 - Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes.
Page 474 - Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Page 586 - Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. 2. CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following: (i) Drawings, designs, or specifications...
Page 557 - General. The fixed-price incentive contract is a fixed-price type contract with provision for adjustment of profit and establishment of the final contract price by a formula based on the relationship which final negotiated total cost bears to total target costs. (2) Firm Target. Under...
Page 834 - I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.
Page 756 - To conspire to defraud the United States means primarily to cheat the government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft, or trickery, or at least by means that are dishonest. It is not necessary that the government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane, or the overreaching of those...
Page 670 - ... Opinion of the Court. MR. CHIEF JUSTICE TAFT delivered the opinion of the Court. This is a review by certiorari of the conviction of thirteen persons charged in one indictment with the crime of violating 37 of the Penal Code. The charge was that the petitioners wilfully and unlawfully conspired to defraud the United States by impairing, obstructing and defeating a lawful function of its government, to wit: that of registering for military service all male persons between the ages of twenty-one...
Page 557 - ... final cost is more than target cost, application of the formula results in a final profit less than the target profit, or even a net loss Thus, within the price ceiling, the...
Page 750 - Intent ordinarily may not be proved directly, because there is no way of fathoming or scrutinizing the operations of the human mind.

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