May 26, 2017
Kuwaiti-based Agility Public Warehousing Co. KSC
agreed to globally resolve criminal, civil, and administrative cases arising from allegations that it overcharged the United States when performing contracts with the Department of Defense to supply food for U.S. troops from 2003 through 2010. As part of the settlement, Agility agreed to pay $95 million to resolve civil fraud claims, to forgo administrative claims against the United States seeking $249 million in additional payments under its military food contracts, and to plead guilty to a criminal misdemeanor offense for theft of government funds. According to the government, Agility overcharged the DOD for locally available fresh fruits and vegetables that Agility purchased through the Sultan Center Food Products Company, K.S.C.
(TSC). Agility charged the full amount of TSC’s invoices despite agreeing with TSC it would pay 10 percent less than the amount billed. The government further alleged Agility failed to disclose and pass through rebates and discounts it obtained from U.S.-based suppliers. The allegations originated in a whistleblower lawsuit filed against Agility and TSC under the qui tam
provisions of the False Claims Act by Kamal Mustafa Al-Sultan
, a former vendor of Agility. Mr. Al-Sultan will receive a whistleblower award of $38.85 million
from the proceeds of the government's recovery. DOJ