SAN DIEGO – Philip Flores, the owner, president, and chief executive of Intellipeak Solutions, Inc., a former defense contractor based out of Fredericksburg, Virginia, was sentenced in federal court today to 48 months’ custody, after admitting that he participated in a bribery scheme with former Naval Information Warfare Center employee James Soriano.In announcing the sentence, U.S. District Judge Todd W. Robinson explained that the “fraud was pervasive” and “it is hard to understate in terms of this area of business practice any offense conduct which would be of a more serious nature – it goes to heart of the fairness of the contracting system.”U.S. District Judge Todd W. Robinson also ordered Flores to pay $80,500 in restitution to three victims of the offense.According to his plea agreement, Flores gave various things of value to Soriano, including expensive meals at restaurants in San Diego and Washington, D.C., field level tickets and parking passes to Game 5 of the 2018 World Series in Los Angeles, and tickets to the 2019 Super Bowl in Atlanta, Georgia. The cost of tickets to these premier sporting events totaled over $18,000. In return, Soriano used his position as a contracting officer’s representative at the Naval Information Warfare Center to ensure that Intellipeak was awarded numerous no-bid contracts through the Small Business Administration’s 8(a) program. Soriano secured the contracts by falsifying technical evaluations, providing high ratings to Intellipeak to do the contracted work, and approving Intellipeak’s invoices on the awarded contracts, despite knowing that Intellipeak was not doing the work but instead subcontracting out all or most of the work to non-8(a) companies in violation of the SBA 8(a) rules.Soriano also exploited competitive contracting through the SBA 8(a) program to benefit Intellipeak over other contractors. For example, Soriano secretly allowed Flores to draft contract discriminators to ensure that Intellipeak was selected as a winning bidder on a competitive contract. Soriano also allowed Flores to secretly draft procurement documents for an $87 million competitive contract and then performed multiple steps to attempt to award the contract to Intellipeak even though its bid was $7 million higher than another contractor.According to his plea agreement, Flores also exploited Intellipeak’s 8(a) small business status by marketing Intellipeak to other defense contractors, who were not part of the 8(a) program, as a way for those companies to get access to 8(a) sole source contracts, generally in exchange for “pass through” fee that was equal to 6 to 8 percent of the contract value. Flores charged his 6 to 8 percent fee to the government, which Soriano approved, even though both knew that Intellipeak was not doing the work on the contracts and the fee did not reflect performed work.According to his plea agreement, as a result of the conspiracy, the government paid Intellipeak more than $16 million to perform work on approximately 26 government contracts and task orders. The profit Intellipeak made from these contracts and task orders was conservatively estimated to be between $550,000 and $1.5 million despite performing little to no work on them.According to the United States’ sentencing memorandum, this was not the first time that Flores and Intellipeak defrauded the government. Years before the bribery conspiracy, Flores engaged in a separate scheme to draft procurement documents and use sham quotes to ensure Intellipeak would be awarded millions of dollars of contracts through the SBA 8(a) program. Once obtained, Flores subcontracted the work to other companies in exchange for a fee. In 2022, Flores was indicted in the Northern District of Georgia with one count of conspiracy and two counts of major fraud against the United States. Flores went to trial and was found guilty of all charges…
Source: U.S. Department of Justice