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Mike Wagner

Partner
Mike Wagner

Mike Wagner helps government contractors navigate high-stakes enforcement matters and complex regulatory regimes.

Combining deep regulatory knowledge with extensive investigations experience, Mr. Wagner works closely with contractors across a range of industries to achieve the efficient resolution of regulatory enforcement actions and government investigations, including False Claims Act cases. He has particular expertise representing individuals and companies in suspension and debarment proceedings, and he has successfully resolved numerous such matters at both the agency and district court level. He also regularly conducts internal investigations of potential compliance issues and advises clients on voluntary and mandatory disclosures to federal agencies.

Government Investigations and Defense

  • Defended pharmaceutical manufacturer in False Claims Act investigation involving alleged violations of the Buy American Act (BAA) and Trade Agreements Act (TAA); secured DOJ declination and currently defending non-intervened qui tam case (2018-present).
  • Defending international defense contractor in parallel civil and criminal investigation involving allegations of major fraud and trade controls violations (2017-present).
  • Defended subsidiary of multinational life sciences firm in False Claims Act investigation involving alleged pricing violations under Multiple Award Schedule contract administered by Department of Veterans Affairs (2018-2019).
  • Represented services contractor in responding to series of subpoenas relating to billing practices and related records in connection with contractor-managed health care services (2018-2019).

Suspension and Debarment Defense

  • Represented international energy conglomerate in successfully resolving suspension by DOD component agency despite underlying criminal conviction (2019).
  • Represented Maryland construction contractor in successfully challenging parallel federal and state proposed debarments, resulting in termination of both debarment actions (2018-2019).
  • Represented small business services contractor challenging proposed debarment issued DOD component agency, resulting in rescission of proposed debarment within one week (2018).
  • Represented global communications manufacturer, in securing an emergency waiver of debarment restriction to prevent business interruption and negotiating the debarment’s termination, effective immediately (2017).
  • Represented tech executive in federal lawsuit successfully challenging debarment under the Administrative Procedure Act, resulting in grant of summary judgment and termination of unlawful debarment (2016-2017).

Internal Investigations

  • For Department of Energy services contractor, leading investigating of contractor hotline reports alleging false billing practices, misuse of government property, and reprisal (2019-present).
  • For leading consulting services contractor, led investigation into allegations involving improper payments to foreign government officials and counseled client on reporting and disclosure considerations (2019).
  • For top-five defense contractor, investigated allegations of labor mischarging and related accounting issues, and guided client through process of disclosure to DOD Inspector General (2018-2019).
  • For defense services contractor, led investigation into allegations of employee misconduct and labor mischarging following data breach affecting government systems; guided client through mandatory disclosure process (2017).
  • For leading consulting contractor, conducted internal investigation, with parallel criminal proceedings, involving federal bribery and gratuity laws, the Procurement Integrity Act, and Organizational Conflicts of Interest regulations; achieved favorable resolution of investigation with DOJ and agency SDO (2015-2016).

Government Contracts Counseling

  • Routinely assist government contractors in managing supply chain compliance, particularly with respect to domestic preference requirements under the BAA, TAA, and related sourcing restrictions.
  • Counseled several large contractors on rules governing federal contracting with “inverted domestic corporations,” including advice on structuring business and operations to maximize contracting opportunities and engagement with relevant agency officials.
  • Guided large technology reseller through revision of pricing practices under GSA schedule contract, including overhauling its CSP-1 disclosure and persuading GSA to authorize alternative pricing model.
  • Represented several contractors and grant recipients in challenging cost disallowances and negotiations resolutions to performance and cost disputes at both the agency and Board of Contracts Appeal level.

Pro Bono

  • Represented Army veteran in successful appeal from denial-of-benefits decision before the Board of Veterans Appeals.
  • Successfully represented NGO providing public health services in the developing world in commercial dispute with credit card payment processing company.