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Litigation Support & Assistance

Frequently, U.S. companies find themselves engaged in litigation in the U.S. based on conduct that may have occurred in the Middle East, Africa or Central Asia on Contingency Contracts. The logistical and cultural challenges in developing the facts necessary to advance the company’s position include the logistics, threat environment, cultural and language barriers.



Litigation Services

McCAHON Law can assist your firm or company in these endeavors.  Not only do we put “boots on the ground” but we have a long history of leading from the front in this regard, working in Afghanistan, Iraq, Kuwait and other remote non-conflict areas.  The benefit of using McCAHON Law in these situations is not limited to our presence and linguist and investigative experience.  Because our staff have served as contracting officers, investigators, auditors and corporate counsel in these regions, we are aware of the performance issues and realities that can provide an advantage to the corporate client.  Often, this experience has led to the difference between losing or prevailing in a dispute with either another contractor or the U.S. government.  It’s the experience and presence that make the difference.

Conducted more than 50 internal investigations for multinational companies performing DoD and USAID contracts in the Middle East, Africa and Afghanistan concerning inferences of violations of the:

• Anti-kickback Act of 1986
• False Statements 18 U.S.C. §1001
• Internal loss/theft
• International Trafficking in Arms Regulations
• Ethics Investigations • False Claims Act
• Foreign Corrupt Practices Act (FCPA)
• Suspension/Debarment
• Termination Settlements

Represented a contingency contractor before the U.S. Army Suspension/Debarment Official (SDO) regarding an alleged bribe to a U.S. Army Officer.  Sam McCahon presented the Compliance program he established and received accolades from the SDO, who stated that that “…the compliance program was years ahead of even what the U.S. government required.”   No adverse action was taken against the company.

Established compliance program modules to mitigate human trafficking in Iraq, Kuwait and Afghanistan.  The compliance program and mitigation measures established by Sam have become the model on which the current U.S. laws and agency regulations were based.  During his testimony before Congress, Sam was recognized by the U.S. Congress as a Subject Matter Expert in mitigation measures and investigations regarding human trafficking on government contracts. (Hyperlink to hearing)

Represented a contractor security provider in alleged willful violations of International Trafficking in Arms Regulation (ITAR). Conducted the internal investigation into the allegation. Mitigation measures were implemented, and no adverse action was taken against the company.  Established ITAR compliance programs for other companies in order to comply with the regulation and mitigate corporate risk.

Conducted extensive Due Diligence investigations into target companies in which the client had an interest in acquiring. 

Successfully represented as co-counsel, 5 of the client company’s Iraqi employees in criminal court in Baghdad.  The allegations were fraudulent possession and use of Iraqi passports. The penalty if found guilty for each defendant was seven years imprisonment.  We were successful in obtaining the transfer application and subsequent dismissal all charges against the client’s employees.

Successfully represented client corporations in more than a dozen disputes with in Iraq, Kuwait and Afghanistan with vendors, prime contractors and subcontractors.

Successfully represented a security provider company in Iraq before the GAO, prevailing on the award protest to a competitor.