Schaefer Systems International Ltd. (SSI) has agreed to pay $876,000 to resolve alleged False Claims Act violations relating to the payment of a prohibited finder’s fee in connection with the award of an Army and Air Force Exchange Service (AAFES) contract to supply a pallet racking system for a warehouse at a U.S. military base in South Korea. SSI markets and sells warehouse logistics systems and provides related services throughout Asia. SSI disclosed the prohibited payment to the government following an internal compliance review and internal investigation.
The settlement resolves allegations that prior to the award of the AAFES contract in 2018, SSI falsely certified its compliance with a procurement integrity provision limiting the payment of commissions to certain bona fide employees and agencies. Unbeknownst to AAFES, SSI intended to pay a finder’s fee to a South Korean national who had informed SSI of the potential contracting opportunity and helped secure the contract.
“Those who do business with the government must do so fairly and honestly,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “We will hold accountable contractors that fail to follow procurement rules, but we will also give credit to those who disclose their wrongdoing, take appropriate remedial actions, and meaningfully cooperate with the government’s investigation.”
“Department of Defense contractors have a duty to uphold their contractual obligations and deliver honest value to the American taxpayer,” said Special Agent-in-Charge Stanley A. Newell of the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS), Transnational Operations Field Office. “This civil settlement demonstrates that illicit payment schemes and kickbacks will not be tolerated. The dedicated professionals of DCIS will work tirelessly to hold those who violate the public trust accountable.”
In connection with the settlement, the United States acknowledged that SSI took a number of significant steps entitling them to credit for cooperating with the government. Following an internal compliance review and independent investigation, SSI promptly disclosed to the government the prohibited payment. SSI also provided the government with a detailed and thorough written disclosure and cooperated with the government throughout its investigation.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and DCIS.
Fraud Section Senior Trial Counsel Andrew A. Steinberg handled the matter.
The claims resolved by the United States in the settlement are allegations only. There has been no determination of liability.