Covid Corruption Commissioner Appointed to Probe Fraud
In keeping with their manifesto promise, the Labour government has announced the appointment of a new Covid Corruption Commissioner to investigate the alleged frauds that were perpetrated during the pandemic era.
Hamraj Kang of KANGS comments on the challenges ahead for the new Covid Corruption Commissioner, Tom Hayhoe.
It appears that the remit for the new Covid Commissioner is to focus on the government contracts that were issued to various parties during the height of the pandemic as opposed to the various schemes that were fraudulently misused such as bounce back loans, furlough and the eat out to help out schemes.
Our team is experienced in representing individuals and companies in both criminal financial investigations and civil contract disputes and proceedings arising from the grant of government contracts.
Government Contracts | PPE & Other Supply Contracts
During his one-year fixed term, the Covid Commissioner and his team will investigate the government contracts granted for personal protective equipment (PPE).
The government purchased over £8 billion worth of PPE which was subsequently either deemed to be not fit for purpose or the contract performance was not as originally agreed. Whether such sums should be properly written off or whether the government can look to recoup the funds will be an important part of the Covid Corruption Commissioner’s remit.
The final report by the Commissioner will be delivered to the Chancellor of the Exchequer and it will undoubtedly address the failings of the government’s procurement process during the pandemic as well as recommendations to follow in the event of a future pandemic or similar crisis.
As such, the report could focus on individuals (politicians, civil servants and government advisors) who were instrumental in establishing and operating the procurement system, those involved as ‘brokers/middlemen’ and the companies that ultimately benefitted from securing the government contracts.
One of the hurdles the Commissioner and his team will face is the passage of time since the pandemic. If evidence has not been properly preserved and secured already in relation to certain contracts, it may prove to be an unenviable task to build a case against the companies that supplied the PPE or other equipment/materials.
Criminal or Civil Liability?
The National Crime Agency (‘NCA’) is already undertaking criminal investigations in relation to companies and individuals that secured government contracts via the ‘VIP Lane’ that was created in the early days of the pandemic.
One area for criminal liability could be the possible false representations made by contracting parties in order to initially secure and then subsequently maintain the contracts.
Even if criminal liability cannot be established, the government has scope for pursuing civil claims against suppliers of PPE and other equipment/materials if such products were deemed to be unfit for purpose or such contracts were either obtained or serviced by dishonest means.
The Government Legal Service is currently pursuing breach of contract and dishonesty claims against PPE suppliers, and this is an area that the Commissioner is likely to explore further during his 12-month tenure.
How Can We Assist?
We are experienced in advising individual and corporate clients in relation to disputes arising from government contracts generally and in particular contracts secured via the procurement process that was in place during the Covid pandemic.
The experienced team at KANGS are well-versed in advising clients in relation to both criminal financial investigations as well as civil contract disputes.
We are skilled in effective case presentation, strategic planning and negotiation with both prosecuting authorities and government departments.
If we can be of assistance, our team would be delighted to hear from you, simply contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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