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Archive for the Qui Tam Category

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Brian Bowling – (Tribune-Review) – May 21, 2012 – A Butler County man claims in a federal lawsuit filed today that subsidiaries of London-based defense contractor PLC have prolonged a state lawsuit over a non-competition clause and his federal bankruptcy case to punish him for filing a whistleblower lawsuit against the contractor.

of Center claims that O’Gara-Hess & Eisenhardt Armoring Co. and its successor, , have kept him from working for a competitor long after the two-year term of his non-competition contract expired because they know he filed a lawsuit in 2007. BAE Systems bought O’Gara-Hess & Eisenhardt in 2007, the lawsuit says.

Bartock was formerly the head of the company’s program for providing enhanced-armored Humvees to the Army, the lawsuit says.

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“More Cost….More Plus” as the managers used to say!

Ryan Abbott - (Courthouse News) – WASHINGTON – Defense contractor KBR cannot deflect fraud claims by accusing the U.S. government of failing to provide “force protection,” a federal judge ruled.

Formerly known as Kellogg Brown & Root Services, the contractor faces up to $300 million in civil penalties and treble damages on charges that it overbilled the government for private security contractors in Iraq.

The Army hired KBR to provide logistical services, such as transportation, maintenance, facilities management and dining facilities, for U.S. military operations around the world. But the contract excluded payment for armed contractors that provide security for KBR and its subcontractors.

Though KBR hired , and to provide security for executives in Iraq, the government says it should have relied on military protection. Its 2010 complaint alleges that KBR collected “more than $100 million in payments related to private security.”

In a 2011 answer and a counterclaim, KBR accused the government of not providing enough security.

Chief U.S. District dismissed the counterclaim Monday but said the contractor can try revising the claim to pass muster at a later date.

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KENDALL DYE, THE WHISTLEBLOWER: “I am glad that the company, rather than taxpayers, is bearing the cost of fixing the problem with the flares. There were simple, inexpensive tests that would have revealed the defect.”

, SAN FRANCISCO ATTORNEY WITH PHILLIPS & COHEN: “ATK’s own calculations found that the flares could ignite if dropped from a height as low as 11.5 inches. This put military personnel at serious risk of death or injury if the flares were accidentally dropped while being handled or in transit. No military contractor should put profits ahead of the lives of military personnel.”~Marketwatch

Settles False Claims Product Substitution Case for Nearly $37 Million

Allegedly Delivered Unsafe Illuminating Para-flares Under Department of Defense Contracts

(DoJ) – April 23, 2012 – ATK Launch Systems Inc. has agreed to a $36,967,160 settlement with the United States to resolve allegations that ATK sold dangerous and defective illumination flares to the Army and the Air Force.   According to the government’s allegations, from 2000 to 2006, ATK delivered LUU-2 and LUU-19 illuminating para-flares to the Defense Department.   These flares, which burn in excess of 3,000 degrees Fahrenheit for over five minutes, are used for nighttime combat, covert and search and rescue operations and have been used extensively by American forces in Iraq and Afghanistan in the global war on terror.  The government alleged that the flares delivered by ATK were incapable of withstanding a 10-foot drop test without exploding or igniting, as required by specifications, and that ATK was aware of this when it submitted claims for payment.

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The Department of Defense plans to exempt records of internal law enforcement investigations from Privacy Act disclosure requirements.

The act, which governs record systems maintained by federal agencies, normally requires that individuals be allowed to view records that pertain to them unless the records were gathered for law enforcement purposes, congressional investigations or administrative purposes where the identity of the individual is not disclosed such as census records.

The exemption would allow the DoD to neither confirm nor deny the existence of such records to individuals and government agencies, when disclosure could reveal the existence of an ongoing investigation.

The public may comment on the DoD proposal until May 15. ~Travis Sanford, Courthouse News

Guard Officer Recalls Night Of Alleged Rape
Says current commander got out of car with woman near beach, returned alone
Sean P Murphy and Andrea Estes – (Boston Globe) – March 31, 2012 – A National Guard officer said he remembers the night in 1984 when a woman says she was raped by the current commander of the Massachusetts National Guard, recalling that got out of the car with the woman near a Florida beach, but returned alone.

Carter, who was placed on administrative leave Thursday by Governor Deval Patrick while the Army investigates the rape allegations, denies the attack and insists he has no recollection of , who accused him of raping her and agreed to let her name be used.

But , who in 1984 was a captain and Carter’s superior in a military police unit, clearly remembered Pelletier becoming nauseated as the trio rode together in a car after an evening of socializing at a Florida restaurant. Mouris said Carter escorted a wobbly Pelletier from the car and returned alone sometime later, saying nothing about Pelletier.

“I said to Carter, `Are we all set?’ and he said, `Yes,’ ” said Mouris in an interview at his home. Mouris said he and Carter drove away, leaving Pelletier – who had been vomiting – behind, though Mouris pointed out that the restaurant where they had been socializing was only about a quarter-mile away.

Mouris said he was never questioned about the evening again until January of this year, when an Army investigator interviewed him about the event for approximately 40 minutes. Mouris declined to say what he told the investigator about the alleged rape, but said he answered all the investigator’s questions completely. (Click HERE for article)

Kuwait’s Q4 net profit rises 114 pct
(Reuters) – March 31, 2012 – Kuwait’s Agility, the logistics firm facing U.S. fraud charges, posted a 114-percent rise in fourth-quarter net profit compared with the same period in 2010, the firm said in a statement on Saturday.

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Bill Rankin -(The Atlanta Journal-Constitution) – March 24, 2012 – A default has been entered in a massive false claims lawsuit against a Kuwaiti firm already facing indictment for allegedly overcharging the U.S. military.

The default, entered Friday in U.S. District Court in Atlanta, means that the next phase of the case will determine how much Public Warehousing Co., now known as , has to pay, Atlanta attorney said Saturday.

The suit seeks more than $1 billion in damages, said Moss, who is working on the case with Atlanta lawyer .

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