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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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May 25, 2022

Textile manufacturer HEYtex USA will pay $3 million to resolve an action brought by a whistleblower under the False Claims Act alleging that the company knowingly supplied fabrics to the U.S. military that failed to meet contract specifications, and falsely certified that its military-grade fabrics met specifications when, in fact, they had failed to pass required testing.  The whistleblower first reported the falsified test results to company management, but was initially ignored.  USAO WD Va

March 21, 2022

United Parcel Service Inc. (UPS) has agreed to pay $5.3 million to resolve its potential liability under the False Claims Act.  Under a contract with USPS to deliver mail for various Department of Defense and State Department locations domestically and internationally, UPS was required to submit confirmation of delivery and delivery times to USPS.  However, the company allegedly reported false information.  DOJ

March 8, 2022

Comprehensive Health Services LLC (CHS), a Florida-based contractor that provides medical services at government facilities in Iraq and Afghanistan, has agreed to pay $930,000 to resolve claims under the False Claims Act.  According to two separate qui tam cases filed in the Eastern District of New York, CHS falsely certified to the State Department and Air Force that it had complied with contractual cybersecurity requirements when, in fact, it had failed to to properly store patient medical records on a secure electronic medical record system, and had falsely represented that it used approved medical supplies when, in fact, it had relied on unapproved controlled substances from foreign sources.  DOJ; USAO EDNY; USAO MDFL

February 11, 2022

Transportation company Academy Bus, LLC, together with related entities and individuals, will pay $20.5 million to resolve claims brought in a whistleblower lawsuit under New Jersey’s False Claims Act that the defendants defrauded New Jersey Transit, for whom defendants operated bus routes.  Defendants were paid by NJ Transit based, in part, on miles and hours driven, with deductions for missed bus trips; they were alleged to have over-reported miles and hours driven, and underreported their missed bus trips to the state.  The settlement also required Academy to implement specific compliance procedures.  The whistleblower, former Academy employee Hector Peralta, will receive an award totaling $3.9 millionNJ

January 5, 2022

A Kansas-based contractor who illegally obtained $346 million in contracts set aside for service-disabled veterans and certified minorities has been sentenced to a little over two years in prison and ordered to forfeit over $5.5 million.  Between 2009 and 2018, defendant Matthew McPherson was awarded approximately 199 federal contracts, upon which he was paid approximately $335 million, through Zieson Construction Company, which was nominally owned by an African-American service-disabled veteran.  When the company grew too large to compete for small business contracts, McPherson used an employee’s Native American minority status to set up Simcon Corp in order to obtain additional contracts.  USAO WDMO

December 14, 2021

Michigan-based Metna Co., a research and development firm which had contracts with the U.S. Army, has agreed to pay $500,000 to resolve claims that in improperly concealed its use of foreign nationals on Army Small Business Innovation Research contracts.  The government alleged that Metna employed foreign graduate students on F-1 student visas, misrepresenting their work to their university and paying them substantially less than the hourly labor rate that Metna quoted to the Army in its contract budget proposals.  USAO WD MI

December 1, 2021

The former CFO of Roadrunner Transportation Systems Inc., Peter R. Armbruster, has been sentenced to two years in prison for participating in a complex accounting fraud scheme that resulted in the company filing materially false statements with the SEC, and eventually tens of millions of dollars in losses to investors.  Armbruster was found to have misrepresented Roadrunner’s expenses, which falsely inflated the company’s reported income.  DOJ

Catch of the Week: Archdiocese of New Orleans pays $1 million to Resolve Katrina-Related Allegations, Highlighting Importance of Enforcement in Disaster Recovery Fraud

Posted  11/19/21
New Orleans Jackson Square
We’ve covered this before: natural disasters and fraud against the government often go hand in hand. The government, through agencies and programs such the FEMA and the federally-backed flood and crop insurance programs, can distribute enormous sums of money very quickly in the wake of hurricanes, floods, tornadoes, and the like. Distributing lots of money quickly after natural disasters gets immediate help to...

November 15, 2021

The Roman Catholic Archdiocese of New Orleans will pay $1.05 million to resolve allegations that it falsely certified damage description and repair estimates in connection with claims for federal funds for the repair of facilities damaged by Hurricane Katrina.  Claims against federal contractor AECOM, which prepared the estimates, are continuing.  The Archdiocese is in bankruptcy, and the settlement amount is based on an “ability to pay” determination.  The action was initiated by the filing of a whistleblower complaint by AECOM employee Robert Romero, who will receive a whistleblower award of approximately $200,000.  DOJ; USAO EDLA  See earlier settlement

November 1, 2021

Geisinger Community Health Services, based in Pennsylvania, has agreed to pay over $18.5 million to resolve its liability following a self-disclosure of violations of the False Claims Act.  The violations occurred between 2012 and 2017 and involved physician certifications of terminal illness, patient elections of hospice care, and physician face-to-face encounters with home health patients.  USAO MDPA
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