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Essay / Research Paper Abstract
In five pages this paper critiques and analyzes the five provisions of the U.S. federal government’s Anti-Kickback Act of 1986 in order to determine the adequateness of the statute. Four sources are listed in the bibliography.
Page Count:
5 pages (~225 words per page)
File: TG15_TGantikick.rtf
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Unformatted sample text from the term paper:
and contractors and/or subcontractors that spells out all details of the transaction. During the mid-1980s when reports of questionable corporate America business and financial practices began surfacing, the Department
of Defense took swift action. It established "an effective code of conduct" that forced defense contractors to assume responsibility for their actions (Spencer & Sims, 1995, p. 169).
The Anti-Kickback Act of 1986 (41 U.S.C. ? 51-58) is one such example of the governments get tough attitude with regards to impropriety in contractor agreements. The Acts intent
was to modernize and close gaping loopholes in earlier contractor statutes (Anti-Kickback Act of 1986, 2008). It outlaws giving or receiving anything valuable for the purpose of favorable treatment
in receiving U.S. government contracts. The Anti-Kickback Act requires contractors to implement procedures to prevent kickbacks through detection and to report any suspected violations to the inspector general (Spencer
& Sims, 1995). Any contracted individual or organization found in violation of the Anti-Kickback Act of 1986 can face a maximum fine of $350,000 and a possible ten-year prison
sentence. In order to initiate prosecutions under the Anti-Kickback Act of 1986, the following five provisions must be established. First, the Act describes kickbacks as not only completed transactions
of anything of valuable such as money, commissions, gifts, or gratuities, but also any attempt at initiating such a transaction is also considered a kickback (Anti-Kickback Act of 1986, 2008).
In addition, including kickback amounts in contract prices also falls under the parameters of prohibited conduct (Anti-Kickback Act of 1986, 2008). This is a significant departure from earlier
legislation that more narrowly defined kickbacks as completed financial incentive or enticement transactions. Two loopholes are effectively closed here - the ambiguity regarding what constitutes a kickback and no
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