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Defense Contract Fraud

This archive displays posts tagged as relevant to fraud in defense and military contracts. You may also be interested in the following pages:

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Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss

Posted  01/8/15
By the C|C Whistleblower Lawyer Team Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information.  It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...

In Their Own Words - Farrow

Posted  12/19/14

-- “THE REASON I REPORTED IT WAS BECAUSE I COULDN'T LET IT GO ON ANYMORE. I WAS AFRAID FOR MY SAFETY AND CAREER BUT I…DECIDED TO GO AHEAD WITH IT.”

Whistleblower Amy Farrow who reported defense contractor NP Precision Inc. was misusing progress payments on government contracts by failing to pay subcontractors and requesting progress payments under the contracts for costs that NP Precision had not actually...

December 8, 2014

Supreme Foodservice pleaded guilty and paid $288 million for overcharging the government on a contract to provide food and water to the U.S. troops in Afghanistan.  In addition, Supreme Group B.V. and several of its subsidiaries agreed to pay an additional $146 million to resolve a related civil lawsuit alleging false billings to the Department of Defense for fuel and transporting cargo to American soldiers in Afghanistan. Michael Epp, former Director, Commercial Division and Supply Chain for Supreme Group, will receive a whistleblower award of $16.2 million.  DOJ

DOJ Catch of the Week -- Sikorsky Aircraft

Posted  10/17/14
By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to Sikorsky Aircraft Corporation.  Yesterday, the DOJ joined a whistleblower lawsuit filed under the False Claims Act against the aircraft maker and two of its subsidiaries, Sikorsky Support Services Inc. and Derco Aerospace Inc.  Sikorsky Aircraft is a wholly owned subsidiary of United Technologies Corporation, with...

October 10, 2014

Boeing entered in to a settlement that resolved allegations the aircraft maker improperly charged for labor costs under contracts with the U.S. Air Force for the maintenance and repair of C-17 Globemaster aircraft, one of the military’s major systems for transporting troops and cargo throughout the world.  Specifically, the government charged Boeing with intentionally billing the Air Force for a variety of labor costs in violation of applicable contract requirements, including for time its mechanics spent at meetings not directly related to the contracts. Boeing agreed to pay $23 million to resolve the matter. The settlement resolves allegations originally brought in a whistleblower lawsuit brought by present and former Boeing employees Clinton Craddock, Fred Van Shoubrouek, Anthony Rico and Fernando de la Garza. They will receive a combined whistleblower award of $3.9 million. DOJ

DOJ Catch of the Week -- DRS Technical Services

Posted  10/10/14
By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to DRS Technical Services Inc. Last Tuesday, the Virginia based telecommunications services provider agreed to pay $13.7 million to settle charges it violated the False Claims Act by overbilling the government for work performed by DRS personnel who lacked the job qualifications required by the company's government...

Ocean Carriers — Government Contracting Fraud/Prohibited Charges.

Two of our whistleblower attorneys led the representation of a whistleblower who brought a qui tam action under the False Claims Act against two ocean carriers alleging they included in their government invoices charges specifically disallowed under the government contract. The ocean carriers did not have direct contracts with the government and submitted their invoices to parties who in turn presented them to the Department of Defense. Although the government declined to intervene because of uncertainties created by the lack of direct interaction between the defendants and the United States, our whistleblower lawyers pressed ahead, defeating multiple motions to dismiss and aggressively moving forward with discovery. The action settled with both defendants, and the whistleblower was awarded 28% of the government’s recovery. See Pacific Business News and Ship and Bunker News for more.

DC Circuit In KBR Whistleblower Case Tightens Attorney-Client Shield for Internal Investigations

Posted  07/3/14
By Gordon Schnell In a shot heard round the business world, a DC district court judge in March denied attorney-client privilege protection to documents prepared in connection with an internal company investigation. The judge found the privilege did not apply because the investigation was mandated by government regulation and not simply an exercise in company discretion. The DC Circuit last week -- in In re: Kellogg...

April 9, 2014

Five California-based masonry subcontractors, Frazier Masonry, F-Y Inc., CTI Concrete & Masonry, Masonry Technology, and Masonry Works, agreed to pay nearly $1.9M to resolve allegations they violated the False Claims Act by misrepresenting their disadvantaged small business status in connection with military construction contracts.  The allegations were first raised in a qui tam lawsuit filed by Rickey Howard, a former employee of Frazier Masonry, under the whistleblower provisions of the False Claims Act.  Howard will receive a whistleblower award of $393,383.  DOJ

ATK — Government Contracting Fraud/Defective Product ($37 million).

One of our whistleblower attorneys led the representation of Kendall Dye, an engineer with what was formerly ATK Thiokol and is now ATK Launch Systems, who brought a qui tam action under the False Claims Act against ATK for selling defective flares to the United States military. According to the complaint, company testing revealed the flares could accidentally ignite if dropped from a height of as little as 11 inches. The flares burn at thousands of degrees, and are capable of burning through the hull of a ship, creating a significant safety risk. The government joined Mr. Dye’s case, and ATK ultimately settled for $37 million, with Mr. Dye receiving a whistleblower reward of $9 million. See NY Times for more.
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