A woman and two men stand outdoors, smiling at the camera. The woman holds a trophy, and the men both wear shirts that say “Army” and “Polo.”
Christopher Dawson, right, after an Army polo match held to commemorate the Army’s 237th birthday in Fort Shafter, Hawaii, in 2012 Defense Visual Information Distribution Service

The Hawaiian Native Corp. and DAWSON officials responded to Ernst’s letter with their own letter to Hegseth in which they said the federal investigation did not target the Hawaiian Native Corp. or its companies but rather was focused on certain former employees. They said the senator is “simply incorrect” and that the Hawaiian Native Corp. and its companies have “fully cooperated with both the DOJ and SBA to address issues identified by either agency in their investigations.”

“It is important to note that HNC and its portfolio of operating companies have a strong performance record as a federal government contractor, and there has not been any suggestion otherwise by any law enforcement or regulatory agency,” the letter states.

Dawson wasn’t Ernst’s only concern. In the letter she urged Hegseth to do a more thorough review of all 8(a) no-bid and set-aside contracts awarded by his agency dating back to fiscal year 2020 to look for any violations of law or SBA rules.

Ernst sent similar letters to 21 other federal agencies, each one including an example of an 8(a) contract that the senator found problematic.

In her letter to Transportation Secretary Sean Duffy, she called out Echelon Services LLC, a firm owned by the Hawaii Pacific Foundation, which like the Hawaiian Native Corp., is a Native Hawaiian organization that under SBA rules is required to use company profits to support Native Hawaiians.

Ernst accused the foundation of having two different firms performing the same type of work for the government while participating in the 8(a) program, something she said is a potential violation of SBA rules.

Jeanine DeFries, president and CEO of the Hawaii Pacific Foundation, refuted Ernst’s allegations, saying that SBA rules allow those companies to do the same work as long as they are part of a joint venture. 

“We can also confirm,” DeFries said, “that we were not contacted by the senator’s or the committee’s offices prior to receiving the letter.”

Ernst’s letters are part of a broader Republican-led push to end the kind of diversity, equity and inclusion efforts at the heart of the 8(a) program.

In June, Kelly Loeffler, President Donald Trump’s pick to lead the SBA, announced a full-scale audit of the program after the owners of two 8(a) firms pleaded guilty to federal charges of taking part in a $550 million bribery scheme involving a U.S. Agency for International Development contracting officer.

Then in October she launched an investigation into the Susanville Indian Rancheria and one of its firms, ATI Government Solutions, after James O’Keefe, a right-wing political activist, published undercover footage purporting to show company employees admitting they used the 8(a) program to win contracts and pass them along to other firms.

A woman points upward with one finger while speaking.
Kelly Loeffler, head of the Small Business Administration, at a press conference in October Aaron Schwartz/Sipa via AP

When announcing the investigation on X, Loeffler attacked the program she’s now charged with running. “Like every other government program rooted in DEI,” she said, “the 8(a) Program is rife with grift and fraud.” Two days later Loeffler again took to X to announce she had suspended ATI Government Solutions and three of its executives from contracting with the federal government.

ATI did not respond to calls and messages seeking comment.

The Treasury Department followed up in November on its own concerns about the company by initiating an audit of $9 billion in preference-based contracts, an inquiry that the agency said would examine potential misuse of the 8(a) program. And just last week, Loeffler ordered all 8(a) participants to submit detailed financial statements to the agency or risk losing their contracting benefits.

Ernst and others have tried to lay blame on the Biden administration, with the senator saying in her letters that the former president’s goal of expanding federal contracting opportunities for minority business owners set the stage for potential fraud and abuse.

At the same time, she acknowledged that 8(a) program flaws, which include “sloppy oversight and weak enforcement measures,” have “raised alarm bells for decades.”

Yet Linda McMahon, Trump’s SBA administrator during his first term, praised Dawson and his companies during a 2019 senate oversight hearing, saying “they bring so many businesses in and support so many businesses.” McMahon, who is now the secretary of education, did not respond to a request for comment.