Naming Additional Defendants and Identifying Their Fraudulent Conduct Defeats Operation of First-to-File Bar

On March 28, the U.S. District Court for the District of South Carolina advanced a plaintiff-friendly interpretation of the False Claims Act’s (“FCA’s”) first-to-file rule. It recognized that naming new defendants who are related to defendants named in previously filed complaint and complicit in the alleged fraud renders the subsequent complaint sufficiently different to pass muster under the rule.

Lockheed Martin Agrees to Pay $5 Million to Settle Alleged Violations of the FCA and the Resource Conservation and Recovery Act

On Monday, February 29, 2016, the Justice Department announced that the Lockheed Martin Corporation and its subsidiaries Lockheed Martin Energy Systems and Lockheed Martin Utility Services (collectively, Lockheed Martin) agreed to pay the United States $5 million to resolve allegations that they violated the Resource Conservation and Recovery Act (RCRA).

Importers Settle False Claims Act Suit for $3 Million

Ameri-Source International, Inc.; Ameri-Source Specialty Products, Inc.; Ameri-Source Holdings, Inc. and SMC Machining, LLC are Pennsylvania-based importers.  Arjay Goel and Thomas Diener owned the first three companies while SMC Machining, Inc. was incorporated at Goel’s direction.  The businesses and Goel and Diener were named as defendants in a False Claims Act lawsuit alleging that that they had schemed to avoid customs duties for the import of small-diameter graphic electrodes which were manufactured in the Peoples Republic of China.

URS E&C to Pay $9 Million to Settle False Claims Act and Foreign Assistance Act Allegations

The United States has secured a $9 million settlement from URS E&C Holdings, Inc., a successor in interest to Washington Group International, Inc., to resolve False Claims Act allegations. According to the settlement, Washington Group International, Inc., a global design and construction company, was awarded contracts in the 1990s by the United States Agency for International Development (USAID) for the construction of water and wastewater infrastructure projects in the Arab Republic of Egypt.

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