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June 25, 2021

Multinational telecommunications and internet service provider Level 3 Communications, LLC has agreed to pay over $12.7 million to resolve claims a former employee brought under the False Claims Act, alleging violations of the Anti-Kickback Act, False Claims Act, and Procurement Integrity Act.  Under a contract with the General Services Administration, Level 3 allegedly accepted kickbacks from subcontractors MSO Tech, Inc. and P.V.S. Inc. in exchange for steering work to them.  Additionally, under a contract with the Department of Homeland Security, Level 3 allegedly maintained that subcontractor PVS qualified as a contractually obligated woman-owned small business when in fact PVS is owned by a man.  USAO EDVA

Tagged in: Bribery and Bid-Rigging, FCA Federal, Government Procurement Fraud, Set-Asides and Preferences, Whistleblower Case,

June 25, 2021

Alabama-based NaphCare Inc. has agreed to pay nearly $700,000 to settle allegations of violating the False Claims Act in connection with healthcare services provided to inmates housed in an Indiana-based Federal Bureau of Prisons facility.  Between 2014 and 2020, NaphCare allegedly defaulted to charging the government for higher-level services than were provided when physicians failed to indicate the level of service provided.  DOJ

Tagged in: Correctional Services Fraud, FCA Federal, Government Procurement Fraud, Healthcare Fraud,

June 16, 2021

Bedrock Group LLC agreed to pay $3.5 million to Massachusetts to resolve allegations that the company violated the Massachusetts False Claims Act by failing to fully and timely refund the state following the company's failure to deliver one million N95 masks ordered by the state.  Massachusetts placed an emergency purchase order with the company, agreeing to pay $3.6 million for the one million masks, which were to be delivered by April, 2020.  The company delivered fewer than 100,000 masks and, after the state cancelled the purchase order, failed to refund the state's payment. Bedrock also agreed to a voluntary debarment from contracting with the state or any political subdivision for five years.   MA

Tagged in: Contract Non-Compliance, COVID-19, FCA State, Government Procurement Fraud,

June 10, 2021

Avis Budget Group Inc. and its wholly-owned brands—Avis Car Rental, Budget Car Rental, and Payless Car Rental—have agreed to a $10.1 million settlement to resolve allegations of overcharging the United States on rental cars, in violation of the False Claims Act.  According to the government, between 2014 and 2019, Avis submitted false claims and received payment for improper charges, including those that were already included as part of the government rental rate and unallowed supplemental costs such as insurance coverage and late turn-in fees.  USAO NJ

Tagged in: Falsifying Invoices, FCA Federal, Government Procurement Fraud,

June 7, 2021

An engineering firm in North Carolina, Contech Engineered Solutions LLC (Contech), has been ordered to pay $7 million in criminal fines and over $1.5 million in restitution to the North Carolina Department of Transportation (NCDOT).  Contech admitted that it conspired to rig bids and defraud the NCDOT, fraudulently obtaining contracts over a ten-year period.  DOJ charged a former Contech executive, Brent Brewbaker, as a co-defendant.  Brewbaker remains under indictment.  DOJ

Tagged in: Bribery and Bid-Rigging, Criminal Proceedings, Government Procurement Fraud,

June 4, 2021

Mark Sand & Gravel Co., a contractor on federally-funded road construction projects administered by the Minnesota Department of Transportation, has agreed to pay $1.75 million to settle claims under the federal and Minnesota False Claims Acts.  On three separate projects, Mark Sand & Gravel allegedly failed to follow contract specifications, used substandard gravel materials without authorization, and made false claims and statements regarding those materials.  USAO MN

Tagged in: Contract Non-Compliance, FCA Federal, FCA State, Government Procurement Fraud,

June 4, 2021

Virginia-based 360 Patriot Enterprises, LLC and its former minority shareholder, Delaware-based 360 Ventures LLC have agreed to pay $1.12 million to resolve allegations that they fraudulently obtained two U.S. Army contracts intended for service-disabled veteran-owned small businesses (SDVOSB).  At the time the contracts were awarded (between 2015 to 2017), 360 Patriot was not controlled by a qualified SDVOSB.  USAO EDVA

Tagged in: Defense Contract Fraud, FCA Federal, Government Procurement Fraud, Set-Asides and Preferences,

June 3, 2021

A Department of Energy (DOE) prime contractor responsible for cleaning up a decommissioned nuclear production complex in Washington State has agreed to pay over $3 million to resolve alleged False Claims Act violations involving false and fraudulent small business subcontract reports.  Whistleblower Salina Savage and her company, Savage Logistics LLC, had alleged that CH2M Hill Plateau Remediation Company (CHPRC) knowingly misrepresented two of its subcontractors, Indian Eyes, LLC and Phoenix-ABC A Joint Venture, as businesses located in Historically Underutilized Business Zones (HUBZones) in order to meet contract requirements and obtain reimbursements totaling hundreds of millions of dollars from DOE.  As a result of bringing a successful enforcement action, Savage and her company will receive a relator’s share of approximately $865,000.  USAO EDWA

Tagged in: Government Procurement Fraud, Set-Asides and Preferences, Whistleblower Case, Whistleblower Rewards,

June 2, 2021

Pennsylvania-based fuel distributor Naughton Energy Corporation and two of its owners, Mariette and Joseph Naughton, have agreed to pay $692,000 over the next five years to settle claims of causing false claims to be submitted to the Department of Transportation (DOT).  As a subcontractor on the federally funded New NY Bridge Project, Naughton Energy, a Disadvantaged Business Enterprise (DBE), had represented to the prime contractor that it could deliver fuel to the worksite wholly independently.  However, lacking the requisite vehicle and employees to deliver fuel, and without the knowledge of the prime contractor, Naughton Energy arranged for a non-DBE subcontractor to supply the missing components in exchange for half of its profits from the project.  USAO SDNY

Tagged in: FCA Federal, Government Procurement Fraud, Misrepresentations, Set-Asides and Preferences,

May 28, 2021

Eric Pulier, who previously served as an executive at ServiceMesh, Inc., which later merged with Computer Sciences Corporation (CSC), entered into a consent judgment for $4.8 million in disgorgement, civil penalties, and interest.  The judgment resolved an SEC action alleging that Pulier paid more than $2 million in bribes to executives at the Commonwealth Bank of Australia to secure business for CSC.  Securing the Australia business entitled ServiceMesh to a $98 million earn-out payment from the CSC acquisition, and Pulier was personally entitled to $30 million of that earn-out.  SEC

Tagged in: Bribery and Bid-Rigging, Financial and Investment Fraud, Securities Fraud,

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