by Ben Vernia | February 18th, 2019
On February 14, the Department of Justice announced that it was suing several contractors at the Department of Energy’s Savannah River facility in Georgia, over a subcontractor’s kickbacks paid to an employee of the contractor. According to DOJ’s press release:
The Department of Justice announced today that the United States has filed suit against CB&I AREVA MOX Services LLC (MOX Services) and Wise Services Inc. under the False Claims Act and the Anti-Kickback Act in connection with a contract between MOX Services and the National Nuclear Security Administration relating to the design and operation of the MOX Fuel Fabrication Facility (MFFF) at the NNSA Savannah River Site in Aiken, South Carolina. MOX Services is a South Carolina Limited Liability Corporation with headquarters in Aiken, South Carolina. Wise Services, which subcontracted with MOX Services, is an Ohio corporation with headquarters in Dayton, Ohio.
Under the MOX Contract, MOX Services agreed to design, build, operate (and ultimately decommission) the MFFF. The MFFF is designed to transform weapons-grade plutonium into mixed oxide fuel rods that may be irradiated in commercial nuclear power plants. In performing the MOX Contract, MOX Services entered into a series of subcontracts with Wise Services between 2008 and 2016. Each of these subcontracts provided for Wise Services to supply labor, materials, equipment, and supervision for unplanned construction activities (e.g. general labor, plumbing, electrical, carpentry) deemed necessary to support MOX Services’ efforts at the MFFF.
The government’s complaint alleges that Wise Services falsely claimed reimbursement under its subcontracts with MOX Services for construction materials that did not exist, and that in turn MOX Services knowingly submitted $6.4 million in claims to NNSA for the fraudulent charges submitted by Wise Services. The complaint further alleges that Wise Services’ Senior Site Representative Phillip Thompson paid kickbacks to MOX Services officials with responsibility for the subcontracts to improperly obtain favorable treatment from MOX Services. On Feb. 27, 2017, Mr. Thompson entered a guilty plea on charges of conspiring to commit theft of government funds.
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The case apparently arose from a government investigation, and not from a whistleblower’s qui tam lawsuit.
