In 2016, the U.S. Department of Justice charged a global aircraft manufacturer with bribery and false payments to public officials in three continents. The manufacturer entered into a deferred prosecution agreement with the Department of Justice. The U.S. Department of the Air Force Suspension and Debarment Official (“SDO”) then mailed show cause letters or proposed debarment letters to several persons whose names appeared in the administrative record. The individuals faced three-year exclusions from U.S. government contracting with their names published in the System for Award Management (“SAM”).
Five of these individuals engaged John Pachter, who represented them, assisted by Smith Pachter McWhorter attorneys Kelsey Wilbanks and Kristin Tisdelle. Mr. Pachter submitted written materials to the Air Force SDO on behalf of each client, explaining why each person met the applicable criteria of “present responsibility.”
The Air Force SDO terminated all five proposed debarments and exclusions and removed each person’s name from SAM. The individuals are free to pursue their careers without the stigma of debarment.