Photo of David C. HammondPhoto of Kelly T. Currie

The rules, regulations, and incentives for government contractors facing investigations (whether internal or external) have changed dramatically in the last year. From the new demands of the “Yates Memorandum” to the Fair Pay & Safe Workplaces proposed rule to the shift from exclusion-driven interactions with Suspending and Debarring Officials (SDOs) to show cause letter and voluntary disclosure-driven interactions, a confluence of factors are raising new concerns—and new opportunities—for government contractors investigating or being investigated following allegations of corporate wrongdoing.

However, despite regulatory changes that may cause more inbound communication from industry to various government enforcement officials, communication among government stakeholders remains stovepiped. Therefore, contractors that wish to obtain potentially significant credit for cooperation across the enforcement spectrum need to tune their various communications to the specific needs of each stakeholder group that is, or might in the future be, reviewing the matter.

Some of the more significant, recent changes impacting government contractor investigations and disclosures follow:

  • Implied Certification at the Supreme Court
  • Fair Pay & Safe Workplaces
  • Declining Suspension and Debarment Numbers Against Large Businesses, Crediting to Enhanced Disclosures and Proactive Communication

Click here to read the full article, “Importance of Disclosures and Cooperation During and After Internal Investigations.”

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Photo of David C. Hammond David C. Hammond

David Hammond advises, litigates on behalf of, and represents domestic and foreign government contractors before all three branches of the federal government. . In over 30 years of experience, he has developed particular expertise in advising companies regarding complex and difficult situations arising…

David Hammond advises, litigates on behalf of, and represents domestic and foreign government contractors before all three branches of the federal government. . In over 30 years of experience, he has developed particular expertise in advising companies regarding complex and difficult situations arising from the performance of U.S. government contracts in foreign countries, especially involving allegations of foreign government corruption and related defense and risk mitigation strategies. He has successfully represented defense, security, intelligence, and aerospace companies in matters involving awards and protests, internal investigations, voluntary and mandatory disclosures, Congressional investigations and hearings, false claims, suspension and debarment, industrial security, international procurements, joint venture and teaming agreements, and prime-subcontractor disputes. He was the founding Chair of the Government and Legal Affairs Committee of the International Stability Operations Association. He has litigated government contract disputes and other procurement matters before the United States Court of Appeals for the Federal Circuit, Federal District Courts, the Government Accountability Office, the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, the Small Business Administration, and state administrative agencies.

Photo of Kelly T. Currie Kelly T. Currie

Kelly Currie is a partner in Crowell & Moring’s nationally-recognized White Collar & Regulatory Enforcement Group and a member of the firm’s Investigations Practice.

He is a former federal prosecutor and an experienced trial lawyer who defends companies and individuals in government investigations…

Kelly Currie is a partner in Crowell & Moring’s nationally-recognized White Collar & Regulatory Enforcement Group and a member of the firm’s Investigations Practice.

He is a former federal prosecutor and an experienced trial lawyer who defends companies and individuals in government investigations, white collar criminal defense matters, regulatory enforcement actions, and corporate internal investigations. Kelly has been recognized as a leader in the white collar and government investigations bar by Chambers USA. According to Chambers, he “brings a wealth of expertise handling all manner of domestic and cross-border criminal proceedings, as well as government and internal investigations.” “He is a terrific, talented attorney.” Kelly was also named as a top-rated white collar criminal defense attorney by The Best Lawyers in America and Super Lawyers magazine.