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Certifications

This archive displays posts tagged as relevant to certifications as a basis for liability in whistleblower litigation. You may also be interested in our pages:

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April 29, 2021

California-based Tungsten Heavy Powder, Inc. (THP) has agreed to pay over $5.6 million to resolve a qui tam lawsuit by former employee Gregory Caputo and Global Tungsten & Powders Corporation.  In violation of the False Claims Act, THP allegedly falsely certified that certain defense articles procured by the Israeli government and financed by U.S. grant funds were sourced from and manufactured in the United States, when instead they were sourced from China and manufactured in Mexico.  For bringing the lawsuit, Caputo will receive a 17% share of the settlement proceeds.  USAO SDCA

February 25, 2021

Following a self-disclosure to the U.S. Department of Health and Human Services in 2018, Bioventus, LLC has agreed to pay more than $3.6 million to resolve allegations of violating the False Claims Act in connection with sales of its Exogen ultrasonic bone growth stimulator device.  According to Bioventus, it discovered that its sales representatives sometimes improperly completed sections of certificates of medical necessity (CMN) that Medicare rules require be completed by treating physicians or physician offices.  USAO MDNC

January 11, 2021

Defense contractor Raytheon Technologies Corporation and its subsidiary, Hamilton Sundstrand Corporation, have agreed to pay over $515,000 to settle allegations of submitting false claims for payment.  Between 2006 and 2015, Raytheon and Hamilton improperly certified that goods it sold either directly to the government or to suppliers selling to the government were of domestic origin, when in fact they were manufactured in Romania.  The false certifications violated the contracts’ domestic-preference requirements, the Buy American Act of 1933, and the False Claims Act.  USAO CT

June 16, 2020

The U.S. Navy’s leading supplier of high-yield steel for submarines, Bradken Inc., has agreed to pay $10.8 million and comply with a three-year deferred prosecution agreement in order to settle allegations it violated the False Claims Act through its Tacoma foundry producing and selling steel that failed to meet certain strength standards required by the Navy.  In 2017, the defense contractor discovered and self-disclosed that test results for a substantial portion of its steel productions, spanning thirty years, had been improperly altered by then director of metallurgy, Elaine Thomas, causing shipbuilders to submit false claims to the Navy.  DOJ; USAO WDWA

May 22, 2020

The University of San Francisco has agreed to pay $2.5 million to resolve allegations of knowingly presenting false and fraudulent claims in order to obtain federal grants under the AmeriCorps State and National Program to support its San Francisco Teacher Residency Program, which supplements tuition and living expenses for teacher apprentices working within the local school district.  The government’s investigation, triggered by a whistleblower’s qui tam complaint, revealed that over 1,500 timesheets had been falsified and 61 awards had been falsely certified between 2014-2016, netting the university’s program and students over $1.7 million in grants.  USAO CDCA

April 21, 2020

KPMD, Inc., technology company in California, has been ordered to pay $1.7 million in restitution for defrauding Medicare and Medicaid.  According to the DOJ’s press release, KPMD entered into a contract with Ohio-based Southwest Regional Medical Center in 2011 where it agreed to implement an electronic health records software program for the hospital in exchange for government incentive payments under the federal Health Information Technology for Economic and Clinical Health Act (HITECH Act).  After KPMD’s CEO purchased the hospital, however, the company falsely attested to meeting criteria for the incentive payments even though the hospital was winding down operations.  $1.3 million of the settlement will go to Medicare, with the remaining $800,000 to go to Medicaid.  USAO SDOH

April 15, 2020

Rice University in Texas has agreed to pay more than $3.7 million to settle claims of improperly charging unrelated expenses to National Science Foundation (NSF) research and development awards, in violation of the False Claims Act.  From 2006 to 2018, Rice University allegedly falsely certified that they were complying with NSF award terms and conditions, when in fact they were knowingly and improperly charging graduate students’ teaching stipends and unrelated administrative charges to the grants.  USAO SDTX

February 6, 2020

February 6, 2020 -- The successor to the Community Redevelopment Agency of the City of Los Angeles, CRA/LA, has agreed to pay $3.1 million to resolve allegations under the False Claims Act that the agency failed to comply with federal accessibility laws while distributing federal funds to help develop affordable housing.  Federal accessibility laws require that 5% of all units in certain federally-funded housing be accessible to people with mobility issues, and an additional 2% of all units be accessible for people with visual or auditory impairments.  However, according to whistleblower and wheelchair user Mei Ling, at least nine agency-affiliated properties lacked accessible parking spaces, appropriate ramp and height access for wheelchair users, or appropriate visual and tactile signs for people with visual or auditory impairments.  DOJ; USAO CDCA

January 27, 2020

Florida Academy, a for-profit trade school, has agreed to pay $512,500 to the United States for making false certifications to the Department of Veterans Affairs (the VA) regarding its compliance with a Post-9/11 GI Bill program requirement called the 85%-15% Rule.  To ensure the VA is paying tuition rates at fair market value, the 85%-15% Rule requires participating schools to certify that at least 15% of their students are paying with private funds.   USAO MDFL

January 6, 2020

NASA contractor United Paradyne Corporation has agreed to pay $375,000 to settle a lawsuit filed by a former employee, Steven Walker, which alleged the company violated the False Claims Act by submitting claims for work it failed to perform.  According to the settlement agreement, United Paradyne had agreed to fabricate ground support equipment to NASA's Space Launch System (SLS), but failed to maintain certain cleanliness standards and falsely certified to having conformed to NASA's contractual requirements.  For his role exposing the fraud, Walker will receive $75,000.  USAO MDFL
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