$2.48 million recovery for fraud in sale to the United States military

In January 2017, Cory Fein of the Cory Fein Law Firm announced the settlement of a lawsuit he brought in 2013 on behalf of his whistleblower client, a former employee of the defendant, Advanced Containment Systems, Inc.

As a result of the settlement, the defendants, Advanced Containment Systems, Inc., and Boh Environmental, LLC, will pay more than $2.48 million. Mr. Fein’s client, the former employee, refused to accept the routine submission of false claims to the Government and, with the assistance of Mr. Fein, brought this lawsuit resulting in the U.S. Government recovering millions of taxpayer dollars.

The suit, Case No. 4:13-cv-02330, was filed in the U.S. District Court for the Southern District of Texas, Houston Division, and was pursued by the United States Department of Justice on behalf of the United States Department of Defense (DoD), and the Defense Logistics Agency (DLA), which handles purchasing for the DOD.

The DLA purchased specialized containers from Boh Environmental, including containers used to transport and store equipment as well as command and control centers used as field offices. All of the containers were manufactured by Advanced Containment Systems at its facilities in Houston, Texas. The lawsuit included allegations that the defendants were contractually obligated to obtain ISO Quality Management System certifications and that they represented to DLA that they had obtained such certifications when they had not

Attorney Cory Fein of the Cory Fein Law in Houston, Texas represented the whistleblower in the case, in which the Defendants ultimately agreed to reimburse the federal government for improperly filed claims related to products manufactured during a period of almost three years, from 2010 to 20013.

The $2.48 million settlement was obtained under the False Claims Act. Cases filed nationwide under the False Claims Act in fiscal year 2015 yielded more than $3.5 billion in reimbursement to the federal government, according to statistics maintained by the Department of Justice.