Erroneous Certifications of Invoices

[DMB044]

I am in receipt of an invoice from a subcontractor that billed for unperformed services. The contracting officer's technical representative questioned the invoice and the subcontractor readily acknowledged the error. However, that did not prevent the subcontractor representative from signing and dating the invoice, stating "I certify that this invoice is correct and proper for payment, and so forth." Is such an action fraudulent only if the payment is made or is the action deemed fraudulent in its application? What do you do in such a case?

[Don Mansfield]

I am in receipt of an invoice from a subcontractor that billed for unperformed services. The contracting officer's technical representative questioned the invoice and the subcontractor readily acknowledged the error. However, that did not prevent the subcontractor representative from signing and dating the invoice, stating "I certify that this invoice is correct and proper for payment, and so forth." Is such an action fraudulent only if the payment is made or is the action deemed fraudulent in its application? What do you do in such a case?

No, the claim does not have to be paid for it to be a false claim. Presentment is sufficient. There are other considerations such as specific intent and materiality. You should really consult with an attorney.

[DMB044]

No, the claim does not have to be paid for it to be a false claim. Presentment is sufficient. There are other considerations such as specific intent and materiality. You should really consult with an attorney.

Agree with the attorney. As for materialty, we're looking at $350k. Other documents clearly show the certifier knew the cost was not incurred. This question coupled with my other question on the subcontractor's use of the advance payments to report earnings and reduce its receivables causes me to wonder if the sub wasn't facing some cash problems.