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DoD OIG Newsletter October 2017

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Oct. 12, 2017 — Newsletter

 

The DoD OIG newsletter summarizes the reports and investigations released by the Department of Defense Office of Inspector General in the previous month and those we anticipate releasing in the coming month. I encourage you to read these reports and to access our website, which lists reports and investigations by year, subject, and DoD component. You'll also find our project announcements and additional news releases highlighting investigations conducted by the Defense Criminal Investigative Service. Thank you for subscribing to our newsletter.

 


 

UPCOMING REPORTS


Significant reports expected to be issued within the next 30 days include:

Report of Investigation on Allegations Related to the Department of Defense’s Decision to Relocate a Joint Intelligence Analysis Complex.  This investigation determines whether DoD officials intentionally provided inaccurate or misleading information to Congress in connection with the selection of Royal Air Force Station Croughton, United Kingdom, as the location for a Joint Intelligence Analysis Complex.

Evaluation of DoD Implementation of Leahy Law Regarding Allegations of Child Sexual Abuse by Members of the Afghan National Defense and Security Forces (ANDSF).  This evaluation was conducted in response to concerns and questions raised by the staff of the Senate Committee on Armed Services and various other Members of Congress related to allegations of child sexual abuse by members of the Afghan National Defense and Security Forces. The evaluation reviews DoD compliance with international and U.S. law and DoD policy, and specifically the Leahy Law, which contains legal prohibitions on the use of U.S. government funds for assistance to security forces in Afghanistan that have committed gross violations of human rights.

DoD’s Response to Patient Safety Elements of the Military Health System Review.  This evaluation determines whether the DoD responded to the patient safety elements in the 2014 Military Health System Review and improved patient safety as directed by the Secretary of Defense. This evaluation also determines the general state of patient safety in the Military Health System and determines whether improvements are needed to ensure the health and readiness of the force.

Evaluation of the Military Service's Law Enforcement Organizations' Compliance with Fingerprint Card and Final Disposition Report Submission Requirements. This evaluation determines whether the Military Services Law Enforcement Organizations submitted convicted offender fingerprint cards and final case disposition reports for inclusion in the National Crime Information Center database, the FBI’s central repository for criminal justice information.

Evaluation of the Evolved Expendable Launch Vehicle Program Quality Management System.  This evaluation determines whether the DoD Evolved Expendable Launch Vehicle (EELV) prime contractors and a major subcontractor performed adequate quality assurance management for the EELV program, which is composed of three space launch vehicles. Specifically, the review determines EELV contractors’ level of compliance with the aerospace and Defense industry quality standard that is contractually required during the design, manufacture, and test of DoD weapon systems.

Quality Control Review of the Deloitte & Touche LLP FY 2015 Single Audit of Battelle Memorial Institute.  This  review determines whether the Deloitte & Touche LLP FY 2015 single audit of Battelle Memorial Institute was conducted in accordance with auditing standards and the requirements of Office of Management and Budget Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations.”

Follow-up on Recommendations for the Military Sealift Command Oversight of Excess Spare Parts and Purchases.  This audit determines whether the Military Sealift Command implemented the recommendations made in DoD OIG Report No. DoDIG-2014-106, “Military Sealift Command Oversight of Excess Spare-Parts Inventory and Purchases for Sealift Program Roll-On/Roll-Off Ships Needs Improvement.” This audit also determines whether corrective actions addressed ineffective contract oversight and management of the excess spare-parts inventory.

Follow-Up on Recommendations for Stocking of Basic Expeditionary Airfield Resources Support and Repair Kits.  This audit determines whether the Air Combat Command and U.S. Pacific Air Forces implemented the recommendations in Report No. DoDIG-2014-062, “(U) Improvements Needed in the Stocking of Air Force Basic Expeditionary Airfield Resources Support and Repair Spare Kits in Guam.”  The report will be classified.

 

RECENTLY ISSUED REPORTS OF INTEREST (to view report, if available, please click on title)


U.S. Africa Command’s Management of Acquisition and Cross-Servicing Agreements.  This audit determined that U.S. Africa Command did not effectively manage the Acquisition and Cross-Servicing Agreement orders it executed. Acquisition and Cross-Servicing Agreements are bilateral agreements between the United States and authorized foreign entities for the exchange of logistics support, supplies, and services. As a result, the DoD did not have assurance that 196 orders for logistics support, supplies, and services, valued at $32.1 million, were accurate or reimbursed.

Naval Facilities Engineering Command Southwest and Marine Corps Base Camp Pendleton Officials’ Use of Energy Services Contracts.  This audit determined that Naval Facilities Engineering Command (NAVFAC) Southwest contracting officials did not approve scope of work changes before the contractor implemented the changes for six of the 10 Utility Energy Services Contracts (UESCs) we reviewed, valued at $25.9 million. In addition, for nine of the 10 UESCs, NAVFAC Southwest contracting officers did not appoint contracting officer’s representatives (COR) to monitor contractor performance and provide surveillance during the contract period of performance. Without a COR, there was not reasonable assurance that changes in the scope of work received were in the best interest of the Government, or that the contractor met the contract terms and conditions.

Troops-to-Teachers Program. This audit determined that the Office of the Under Secretary of Defense for Personnel and Readiness, Defense Activity for Non-Traditional Education Support (DANTES), and the Defense Finance and Accounting Services (DFAS) did not adequately manage the Troops-to-Teachers (TTT) program. The audit examined 63 non-statistically sampled stipends and bonuses and found that DANTES made 25 improper payments valued at $87,000. In addition, DANTES and DFAS personnel reported the TTT stipend and bonus payments as wages to the participants on their Internal Revenue Service forms, but did not withhold Federal income tax from the payments as required by the Internal Revenue Code.

Combined Security Transition Command–Afghanistan Oversight of Ammunition Provided to Afghanistan National Defense and Security Forces.  This audit determined that Combined Security Transition Command–Afghanistan (CSTC-A) did not provide effective oversight of ammunition that was procured by the DoD and provided to the Afghanistan National Defense and Security Forces (ANDSF). CSTC-A limited its oversight to evaluating monthly consumption reports that the ministries agreed to provide in the commitment letters. CSTC-A only enforced one penalty between December 21, 2015, through December 20, 2016, even though CSTC-A determined that the ministries did not meet the commitment letter reporting requirements. As a result, CTSC-A does not have assurance that the $702 million spent to procure ammunition in FYs 2015 and 2016 supported actual requirements and was used for its intended purposes.

FY 2018 Comprehensive Oversight Plan, Overseas Contingency Operations.  This Lead Inspector General report on the Comprehensive Oversight Plan for Overseas Contingency Operations (COP–OCO) is the third annual joint strategic oversight plan submitted to Congress. This report describes Inspector General oversight of U.S. activities in support of ongoing overseas contingency operations as well as other programs and activities in Southwest Asia. The COP–OCO includes the Joint Strategic Oversight Plans (JSOPs) for Operation Inherent Resolve (OIR) and Afghanistan. The Afghanistan JSOP includes Operation Freedom’s Sentinel (OFS).

 

DEFENSE CRIMINAL INVESTIGATIVE SERVICE HIGHLIGHTS (to view DOJ press release, if available, please click on title)


Doctor Pleaded Guilty to Health Care Fraud.  On August 22, 2017, Dr. Paul Matthew Bolger pleaded guilty to making false statements relating to health care matters and introduction of misbranded drugs. Bolger knowingly and willfully made false statements by signing multiple prescription forms authorizing prescription drugs and indicating prescriptions were medically necessary. Bolger signed and attested to the validity of each prescription based only on an intake form recorded by non-medical staff (generated by call centers outside of the United States) and an accompanying prescription form. Bolger signed each of the prescription forms without talking to the patient, conducting a physical examination, or reviewing medical records. The signed prescription forms were then faxed to pharmacies that filled the prescriptions and billed TRICARE. From March through April of 2015, Bolger authorized 1,375 fraudulent prescriptions for compounded medications, and TRICARE paid $4.16 million for prescriptions filled in states where he was licensed. Bolger additionally wrote prescriptions for patients in 16 states where he was not licensed. For example, Bolger issued misbranded prescriptions for 11 Alabama patients, costing TRICARE $268,000.  This was a joint investigation with the Federal Bureau of Investigation (FBI).

Novo Nordisk Agreed to Pay $58 Million for Failure to Comply with FDA-Mandated Risk Program.  On September 5, 2017, Novo Nordisk Inc., a pharmaceutical manufacturer, agreed to pay $58.65 million to resolve allegations that it violated the Food, Drug, and Cosmetic Act (FDCA) and the False Claims Act (FCA). When the Food and Drug Administration (FDA) approved Victoza, a Type II diabetes medication, in 2010, it required a Risk Evaluation and Mitigation Strategy (REMS) to mitigate the potential risk in humans of Medullary Thyroid Carcinoma (MTC), a rare form of cancer. The REMS required Novo Nordisk to provide information regarding Victoza’s potential risk of MTC to physicians. Some Novo Nordisk sales representatives allegedly gave information to physicians that created the false or misleading impression that the REMS-required message was erroneous, irrelevant, or unimportant. In 2011, the FDA required a modification to the REMS to increase awareness of the potential risk. Novo Nordisk allegedly instructed its sales force to provide statements to doctors that obscured the risk information and failed to comply with the REMS modification. Novo Nordisk agreed to pay $12.15 million in profits derived from its unlawful conduct in violation of the FDCA, and an additional $46.5 million to the Federal Government and the states to resolve claims under the FCA and state false claims acts. The Federal Government will receive $43.12 million and state Medicaid programs will receive $3.3 million. This was a joint investigation with the FDA Office of Criminal Investigations, the FBI, the Health and Human Services Office of Inspector General (OIG), and the Office of Personnel Management OIG.


RECENTLY ANNOUNCED PROJECTS (to view the announcement letters, if available, please click on the title)

 

Evaluation of DoD Law Enforcement Responses to Domestic Assault Incidents.  The objective of this evaluation is to determine if the Military Criminal Investigative Organizations (MCIOs) and non-MCIOs respond to domestic assault (non-sexual) incidents in accordance with DoD policy. In addition, the evaluation will determine whether Military Service and installation-level law enforcement agencies' policies align with DoD policy and procedures concerning response to domestic assault (non-sexual) incidents.

Evaluation of Contracting Officer Actions on Contractor Price Proposals Deemed Inadequate by the Defense Contract Audit Agency.  The objective of this evaluation is to determine whether DoD contracting officers complied with applicable acquisition regulations when they negotiated DoD contracts based on DoD contractor proposals that the Defense Contract Audit Agency (DCAA) had determined to be inadequate.

Contracting Officer Actions on DoD Contractor Compensation Costs Questioned by the DCAA.  The objective of this evaluation is to determine the appropriateness of contracting officer actions to negotiate DoD contractor compensation costs that DCAA questioned in audits of DoD contractor claims for incurred contract costs.