German software developer SAP SE, product reseller Carahsoft Technology Corp. and other companies are being probed by U.S. officials for potentially conspiring to overcharge government agencies over the course of a decade.
Since at least 2022, Justice Department lawyers have been looking at whether SAP — which makes accounting, human resources, supply chain and other business software used across the globe — illegally conspired with Carahsoft to fix prices on sales to the U.S. military and other parts of the government, according to federal court records filed in Baltimore.
The civil investigation, which hasn’t previously been reported, poses a legal risk to a top technology vendor to the U.S. government and to Germany’s most valuable company as its shares are soaring.
The review also shines an even greater light on Carahsoft, a large software vendor whose offices in Virginia were raided on Tuesday by FBI agents and military investigators.
Carahsoft spokesperson Mary Lange described the search as “an investigation into a company with which Carahsoft has done business in the past.” It’s not clear if the search is related to the investigation of SAP. Lange and other Carahsoft representatives declined to answer detailed questions.
SAP has been cooperating with the DOJ’s civil investigation “since the beginning,” spokesman Daniel Reinhardt said in an emailed statement. The German company is not involved in any criminal investigation related to Carahsoft and has no information about “the latest events” concerning its vendor, he said.
SAP shares dropped 2.4% to close at €201.80 in Frankfurt on Wednesday. The shares have risen about 44% this year.
News of the probe also had knock-on effects for shares of ServiceNow Inc. and Okta Inc., which both “saw over 40% of disclosed federal contract dollars come through Carahsoft,” according to a note from Piper Sandler. Shares of ServiceNow fell as much as 4% on Wednesday. Okta shares declined as much as 1.7%.
Civil probe
The long-running civil probe is focused on the companies possibly rigging the market for the more than $2 billion worth of SAP technology that the U.S. government has purchased since 2014, according to the court records. They show prosecutors are also examining the role of other software resellers and a unit of Accenture, a giant management and technology consulting firm.
Many investigations end without any formal accusations of wrongdoing.
Accenture spokesperson Peter Soh said the subsidiary, Accenture Federal Services LLC, “is responding to an administrative subpoena and is cooperating with the DOJ.” The Justice Department didn’t respond to requests for comment.
The Justice Department classifies bid rigging as a form of fraud that involves an agreement among competitors as to who will be the winning bidder.
The investigation came to public light in an ongoing court fight between the prosecutors and Carahsoft over the closely held firm’s handling of a legal demand for documents. While many records in that separate proceeding are sealed or heavily redacted, unredacted versions of documents describing the underlying investigation were also publicly available.
False Claims Act
It’s unclear exactly when prosecutors began examining the relationship between SAP, which has its headquarters in Walldorf, Germany, and Carahsoft, based in Reston, Virginia. But by June 2022 prosecutors had sent Carahsoft a demand to turn over documents and provide information related to potential violations of the False Claims Act.
The civil investigative demand — which was among the unredacted documents obtained by Bloomberg News — states that prosecutors are examining whether SAP, Carahsoft and other firms made false statements to the Department of Defense by coordinating bids and prices for “SAP software, cloud storage, and related hardware and services.” The document directs Carahsoft to produce a wide array of emails, text messages, contracts, staff lists and other information related to its sale of SAP software.
More than a year later, federal prosecutors sued Carahsoft, seeking to have a federal judge in Baltimore enforce the demand and alleging that the company has “obstinately refused to provide this basic information.” Back-and-forth litigation in the case — much of it sealed from public view — continued up to last Friday, when it was assigned to a new magistrate judge for pretrial fact-finding known as discovery.
One of Carahsoft’s lawyers, Richard Conway, declined to answer questions about the case, the civil investigation or the FBI search of his client’s office.
“I don’t discuss such matters in the press,” he said when reached by phone Tuesday.
In response to questions about the FBI search, Lange said Carahsoft is “fully cooperating on this matter” and “operating business as usual.”
Carahsoft dominant
Since its founding in 2004, Carahsoft has grown into a dominant player in the government technology procurement market. Last year, it ranked 45th on Forbes’ list of the largest private companies in the U.S., with $11 billion in estimated revenue and more than 2,400 employees.
Among all federal vendors of IT products, Carahsoft holds the second-highest value of contracts directly with the government, totaling $3.5 billion since the beginning of fiscal 2020, according to Bloomberg Government data. Only Dell Technologies Inc. has more revenue.
SAP technology is a big chunk of this business. Carahsoft received more than 600 federal contracts for SAP tech worth more than $990 million and “facilitated” as much as $1 billion more in additional sales, prosecutors said in court filings.
It’s unclear what portion of these sales prosecutors believe might have been shaped by bid rigging. The False Claims Act allows the government to recover up to three times its damages plus a penalty.
Both SAP and Carahsoft have had other run-ins with the Justice Department.
In 2015, Carahsoft and VMware LLC agreed to pay $75.5 million to resolve allegations in a False Claims Act lawsuit accusing them of overcharging the government for VMware’s software and services from 2007 to 2013, according to a statement from the department.
Deferred prosecution
In January, SAP agreed to pay more than $220 million to resolve a foreign bribery investigation by U.S. authorities. The company entered into a three-year, deferred-prosecution agreement with the Justice Department after it was charged in a pair of schemes to bribe government officials in South Africa and Indonesia.
Earlier this month, German prosecutors opened a criminal probe into the company’s chief technology officer, who is stepping down due to “inappropriate” behavior.
The new investigation comes to light as SAP’s share price has been hitting record highs amid a corporate restructuring. This year, chief executive officer Christian Klein has cut jobs and spending at the company, even as other executives have left or announced their departures in recent months.
President-elect Donald Trump and his Republican party clarified one aspect of the uncertainty surrounding taxes with a resounding victory in the election.
That means that the many expiring provisions of the Tax Cuts and Jobs Act of 2017 — which Trump signed into law in his first term — are much more likely to remain in force after their potential sunset date at the end of next year. Financial advisors and tax professionals can act without worrying that the rules will shift underneath them to favor much higher income duties.
However, the result also presents Trump and incoming Senate Majority Leader John Thune of South Dakota and House Speaker Mike Johnson of Louisiana with a series of thorny tax policy questions that have tricky, time-sensitive implications, according to Anna Taylor, the deputy leader, and Jonathan Traub, the leader, of Deloitte Tax’s Tax Policy Group. Once again, industry professionals and their clients will be learning the minutiae of House and Senate procedures. Taylor and Traub spoke on a panel last week, following Trump’s victory and their release of a report detailing the many tax policy questions facing the incoming administration.
Considering the fact that the objections of former Sen. Bob Corker of Tennessee “slowed down that process for a number of weeks in 2017” before Republicans “landed” on a deficit increase of $1.5 trillion in the legislation, Taylor pointed out how the looming debate on the precise numbers and Senate budget reconciliation rules will affect the writing of any extensions bill.
“They’re going to have to pick their budget number on the front end,” Taylor said. “They’re going to have to pick that number and put it in the budget resolution, and then they’ll kind of back into their policy so that their policies will fit within their budget constraints. And once you get into that process, you can do a lot in the tax base, but there are still limits. I mean, you can’t do anything that affects the Social Security program. So they won’t be able to do the president’s proposal on getting rid of taxes on Social Security benefits.”
Individual House GOP members will exercise their strength in the negotiations as well, and the current limit on the deduction for state and local taxes represents a key bellwether on how the talks are proceeding, Traub noted.
The president-elect and his Congressional allies will have to find the balance amid the “real tension” between members from New York and California and those from low-tax states such as Florida or Texas who will view any increases to the limit as “too much of a giveaway for the wealthy New Yorkers and Californians,” he said.
“You will need almost perfect unity — more so in the House than the Senate,” Traub said. “This really gives a lot of power, I think, to any small group of House members who decide that they will lie down on the train tracks to block a bill they don’t like or to enforce the inclusion of a provision that they really want. I think the place we’ll watch the most closely at the get-go is over the SALT cap.”
Estimates of a price tag for extending the expiring provisions begin at $4.6 trillion — without even taking into account the cost of President-elect Trump’s campaign proposals to prohibit taxes on tips and overtime pay and deductions and credits for caregiving and buying American-made cars, Taylor pointed out. In addition, the current debt limit will run out on Jan. 1.
The Treasury Department could “use their extraordinary measures to get them through a few more months before they actually have to deal with the limit,” she said.
“But they’re going to have to make a decision,” Taylor continued. “Are they going to try to do the debt limit first, maybe roll it into some sort of appropriations deal early in the year? Or are they going to try to do the debt limit with taxes, and then that’s going to really force them to move really quickly on taxes? So, I don’t know. I don’t know that they have an answer to that yet. I’ll be really interested to see what they say in terms of how they’re going to move that limit, because they’re going to have to do that at some point — rather soon, too.”
Looking further into the future at the end of next year with the deadline on the expiring provisions, Republicans’ trifecta control of the White House and both houses of Congress makes them much more likely to exercise that mandate through a big tax bill rather than a temporary patch to give them a few more months to resolve differences, Traub said.
Both parties have used reconciliation in the wake of the last two presidential elections. A continuing resolution-style patch on a temporary basis would have been more likely with divided government, he said.
“Had that been what the voters called for last Tuesday, I think that the odds of a short-term extension into 2025 would have been a lot higher,” Traub said. “I don’t think that anybody in the GOP majority right now is thinking about a short-term extension. They are thinking about, ‘We have an unusual ability now to use reconciliation to affect major policy changes.'”
Aprio, a Top 25 Firm based in Atlanta, is expanding to Southern California by acquiring Kirsch Kohn Bridge, a firm based in Woodland Hills, effective Nov. 1.
The deal will grow Aprio’s geographic footprint while enabling it to expand into new local markets and industries. Financial terms were not disclosed. Aprio ranked No. 25 on Accounting Today’s 2024 list of the Top 100 Firms, with $420.79 million in annual revenue, 210 partners and 1,851 professionals. The deal will add five partners and 31 professionals to Aprio.
KKB has been operating for six decades offering accounting, tax, and business advisory services to industries including construction, real estate, professional services, retail, and manufacturing. “There is tremendous synergy between Aprio and KKB, which enables us to further elevate our tax, accounting and advisory capabilities and deepen our roots across California,” said Aprio CEO Richard Kopelman in a statement. “Continuing to build out our presence across the West Coast is an important part of our growth strategy and KKB is the right partner to launch our first location in Southern California. Together, we will bring even more robust insights, perspectives and solutions to our clients to help them propel forward.”
The Woodland Hills office will become Aprio’s third in California, in addition to its locations further north in San Francisco and Walnut Creek. Joe Tarasco of Accountants Advisory served as the advisor to Aprio on the transaction.
“We are thrilled to become part of Aprio’s vision for the future,” said KKB managing partner Carisa Ferrer in a statement. “Over the past 60 years, KKB has grown from the ground up to suit the unique and complex challenges of our clients. As we move forward with our combined knowledge, we will accelerate our ability to leverage innovative talent, business processes, cutting-edge technologies, and advanced solutions to help our clients with even greater precision and care.”
House Speaker Mike Johnson said Donald Trump’s plan to end income tax on tips would have to be paid for, injecting a note of caution into one of the president-elect’s key campaign pledges.
“This is one of the promises that he wants to deliver on,” Johnson said Sunday on CNN’s State of the Union. “We’re going to try to make that happen in the Congress. You’ve got to do the math.”
Johnson paired his comment with pledges to swiftly advance Trump’s economic agenda once the newly elected Congress is in place with Republican majorities in the House and Senate. The former president rolled out a series of tax-cut proposals during his successful bid to return to the White House, including rescinding taxes on overtime, Social Security checks and tips.
“You have got to make sure that these new savings for the American people can be paid for and make sure the economy is a pro-growth economy,” said Johnson, who was among allies accompanying Trump to an Ultimate Fighting Championship event at New York’s Madison Square Garden on Saturday night.
Congress faces a tax marathon next year as many of the provisions from the Republicans’ 2017 tax bill expire at the end of 2025. Trump’s declared goal is to extend all of the personal income tax cuts and further reduce the corporate tax rate.
A more immediate challenge may be ahead as Trump seeks to install loyalists as cabinet members for his second term starting in January, including former Representative Matt Gaetz as Attorney General, Robert F. Kennedy Jr. as secretary of health and human services and former Representative Tulsi Gabbard for Director of National Intelligence.
Gaetz was under investigation by the House Ethics Committee for alleged sexual misconduct and illicit drug use, which he has denied. RFK Jr. is a vaccine skeptic and has endorsed misleading messages about vaccine safety.
Donald Trump Jr., the president-elect’s son who has been a key player in the cabinet picks, said he expects many of the choices will face pushback.
“Some of them are going to be controversial,” Trump Jr. said on Fox News’ Sunday Morning Futures. “They’re controversial because they’ll actually get things done.”
‘Because of my father’
Trump Jr. suggested the transition team has options if any candidate fails to pass Senate muster.
“We’re showing him lists of 10 or 12 people for every position,” he said. “So we do have backup plans, but I think we’re obviously going with the strongest candidates first.”
Trump Jr. said incoming Senate Majority leader John Thune owes his post to the president-elect.
“I think we have control of the Senate because of my father,” he said. “John Thune’s able to be the majority leader because of my father, because he got a bunch of other people over the line.”