Contractor Misconduct

Bizarro World at the Justice Department

Normally, my colleagues and I are happy to include a new multi-million-dollar penalty paid by a Fortune 100 company to the Justice Department in our Violation Tracker updates. This month, however, we are reluctantly creating an entry for a $17 million settlement reached with IBM.

Our hesitation stems from the fact that the case is less a legitimate enforcement action than a salvo in the Trump Administration’s ongoing crusade against Diversity, Equity, and Inclusion. DOJ is making an example of IBM to intimidate Corporate America into eliminating whatever vestiges remain of conventional policies designed to address systemic racism and sexism in the workplace.

Turning decades of public policy on its head, this administration has decided that those efforts to rectify discrimination are themselves discriminatory and should be the main focus of DOJ’s civil rights enforcement.

What makes the IBM case especially pernicious is that DOJ brought it under the guise of a False Claims Act action. The FCA is normally used against contractors found to have been cheating the federal government. It is most commonly applied against healthcare providers and suppliers to the Pentagon.

IBM was accused of violating its responsibilities as a federal contractor by taking race, color, national origin, or sex into account when making employment decisions, including by using a diversity modifier that tied bonus compensation for managers to achieving demographic targets.

In a press release announcing the settlement, Associate Attorney General Stanley Woodward proclaimed: “Merit drives promotion and opportunity. Not someone’s sex or race.” He continued: “Today’s settlement proves this Department’s commitment to ensure companies are not using taxpayer funded work to further woke unconstitutional practices in American workplaces.”

Woodward managed both to ignore the long history of exclusion and bias in U.S. corporations and to give the misleading impression that the Trump Administration’s anti-DEI efforts regarding contractors are based on a solid legal foundation. That foundation actually consists of a controversial executive order Trump issued in March and highly questionable interpretations of existing civil rights laws.

The IBM case is also troubling because the company’s supposedly illegal practices were put in place well before the Trump Administration announced its new policies. Although IBM did not admit liability, it cooperated with the DOJ in the investigation and voluntarily terminated or modified the practices in question. Like various law firms and universities targeted by Trump, IBM decided to pay off the administration to be done with the matter.

DOJ’s decision to pervert the False Claims Act to pursue bogus discrimination cases is problematic not only for companies such as IBM that will have to respond to the allegations. It also raises a question about what genuine contract fraud and bias situations are not being investigated.

At a time when the DOJ has been hollowed out by the departure of many career prosecutors, the department can ill afford to devote resources to spurious cases. The fact that it is doing so is good news only for those companies eager to adhere to the lowest ethical standards.

A False Claim About False Claims

When the Trump Administration issues a press release about regulation, it is usually to boast about the number of rules it is trying to abolish or to announce a reduction in a corporate penalty imposed during the Biden Administration.

That’s why it was surprising recently to see a release from the Justice Department bragging that it collected more than $6.8 billion in settlements and judgments under the False Claims Act during the 2025 fiscal year, an amount it claimed was the highest annual total in the history of the FCA, which covers cases of fraud by government contractors.

To make sense of this announcement, we first need to recognize that it has no basis in fact. According to data collected for Violation Tracker, the FCA collections during FY 2025 were actually $2.06 billion, far less than the amount claimed by DOJ.

Admittedly, Violation Tracker covers only those cases brought against corporations and other business entities, both for-profit and non-profit, while excluding cases brought against individuals. Yet it is highly unlikely that cases against individuals would bring in more than twice the amount recovered from companies.

The DOJ may also be including cases that are still under appeal, whereas Violation Tracker covers only matters that are fully resolved.

The $2 billion total is far from the largest annual FCA figure in Violation Tracker. It is slightly above the average of the annual totals going back to FY 2001, which is earliest full year of coverage in the database, and well below the annual average of $2.6 billion for the past ten fiscal years. Putting aside those fiscal years overlapping presidential administrations, the FY2025 total is lower than the amounts during the last few years of the Obama Administration and each of those during the Biden era. It is also below the annual totals during all but one of the years of Trump’s first term.

It is far from surprising to see a branch of the Trump Administration play fast and loose with the facts. Yet it is unclear why a regulation-bashing, corporate-friendly administration would distort the truth to depict itself as more aggressive on enforcement than it actually is.

I can think of two reasons. The first is that False Claims Act cases fit neatly with the MAGA notion that the U.S. government is being taken advantage of. The contractors cheating federal agencies are seen as the domestic counterpart to the NATO countries that are supposedly mooching off Uncle Sam to cover their defense costs.

Even if the DOJ’s claim about FCA collections is highly inflated, it is true that the administration has been pursuing such cases aggressively at a time when many other regulatory agencies have been neutered. For example, the DOJ recently announced that Kaiser Permanente will pay $556 million to settle an FCA case alleging it engaged in a scheme to inflate its Medicare Advantage reimbursements by pressuring physicians to add invalid diagnoses to their records of patient visits. This is among the half dozen largest FCA settlements of the past decade.

A focus on FCA cases would be far from the worst thing to come from the MAGA grievance worldview. Corrupt contractors are, in fact, cheating the federal government and deserve to be prosecuted.

It is also possible, however, that the administration is setting the stage for a less palatable use of the FCA. In recent weeks there have been reports that DOJ is planning to use the FCA as the legal justification for bringing cases against contractors which do not completely conform with the administration’s position on diversity and inclusion. In other words, a company that retains any vestige of DEI while doing business with a federal agency would be considered to have cheated the government.

The FCA has a long history of serving as the key legal mechanism by which the federal government deals with corrupt contractors. Using false claims cases to attack DEI rather than financial fraud would be a betrayal of that history.

As with many other Trump policies, it is difficult to discern the administration’s real motivation in its FCA practices. We can only hope the DOJ focuses on the real culprits.

Unequal Justice

These are strange days at the Department of Justice. Attorney General Pam Bondi seems completely willing to do the bidding of Donald Trump, yet there have been press reports that he is unhappy she has not moved faster to prosecute his perceived political foes. The DOJ is not conducting a probe of the ICE officer who fatally shot a woman in Minneapolis, but it is investigating the political ties of the woman’s spouse. Investigations are also underway involving members of Congress who posted messages reminding servicemembers that they are not required to obey illegal orders.

Amid this insanity, it turns out there are people at the DOJ who are still doing their job in a normal way, particularly with regard to the prosecution of corporate crime. The Department just announced that it has reached a $556 million settlement with Kaiser Permanente to resolve allegations that the health system engaged in a scheme to inflate its Medicare Advantage reimbursements by pressuring physicians to add invalid diagnoses to their records of patient visits. Kaiser was said to have linked physician and facility financial bonuses and incentives to their cooperation with the scheme.

Kaiser is far from the only company to face accusations of cheating Medicare Advantage, the portion of Medicare most like an HMO. In 2023 insurer Cigna paid over $170 million to resolve a case involving diagnostic codes. In 2025 Seoul Medical Group paid $58 million to settle accusations it submitted false diagnosis codes for two spinal conditions to increase payments from Medicare Advantage.

UnitedHealth Group is being investigated by DOJ over similar issues and was the focus of a recent Senate Judiciary Committee report suggesting that the company abuses the Medicare Advantage provisions that provide higher payments relating to patients with certain costly medical conditions.

The Trump Administration is giving cases such as these a lot less attention than the purported fraud being committed by Somali-run child care centers in Minneapolis. Lately, Trump has been threatening to revoke the naturalized citizenship of those convicted of fraud.

Fraud is a non-violent financial crime, yet Trump is proposing a punishment that has previously been reserved for the likes of naturalized citizens who turned out to be Nazi war criminals. The penalties being imposed on healthcare companies are, by contrast, a lot milder. Some of the monetary amounts are substantial, but they can easily be absorbed by an operation such as Kaiser Permanente, which takes in over $100 billion a year in revenue.

If the healthcare penalties were to be truly comparable to those confronting Somali-Americans, those companies would be faced with the possibility of losing their corporate charters, or at least being debarred from doing business with federal agencies. This would be the functional equivalent of denaturalization.

Of course, the Trump Administration is not proposing anything like that for the corporate healthcare fraudsters. They are let off with what amounts to a slap on the wrist, while the Somalis are considered to deserve the harshest possible punishment. So much for equal justice.

The 2025 Corporate Rap Sheet

The regulatory enforcement system is one of the many things the second Trump Administration has thrown into chaos. The DOGE assault decimated staffing at many agencies. The Consumer Financial Protection Bureau has been all but dismantled. Regulators such as the Environmental Protection Agency are abandoning key parts of their mission. Independent agencies are losing their independence as Trump asserts a right to fire commissioners for no good reason. The Securities and Exchange Commission is dismissing investigations initiated under Biden in a manner that suggests cronyism. Convicted corporate criminals favored by Trump are receiving unjustified pardons.

At the same time, agencies such as the Federal Trade Commission and the Federal Communications Commission, now headed by MAGA zealots, are using their powers to pressure or punish companies perceived to be enemies of the administration. The Justice Department, at the behest of Trump, is extracting substantial monetary settlements from universities facing dubious allegations that they tolerated anti-Semitism.

The news is not all bad. Portions of the federal regulatory and prosecutorial system continue to operate in a fairly normal manner. For example, False Claims Act cases involving federal contractor abuses are getting resolved on a regular basis.

Even more encouraging is the fact that state and local enforcement remain strong in much of the country, while private litigation in the form of class action lawsuits remains robust. Below are some of the key cases of the year collected for our Violation Tracker database, as well as some major foreign cases collected for Violation Tracker Global.

Amazon’s Cancellation Policies. The FTC has not been solely occupied with ideological warfare. In September the agency ordered Amazon to pay a $1 billion penalty and provide $1.5 billion in refunds to customers who had difficulty cancelling their Prime subscriptions.

Discover Bank’s Credit Card Practices. The Federal Deposit Insurance Corporation, a bank regulator not usually associated with major enforcement actions, ordered Discover Bank, now owned by Capital One, to pay a $150 million penalty and $1.2 billion in restitution to millions of merchants. Discover collected improperly high interchange fees by misclassifying consumer credit cards as commercial.

Credit Suisse and Tax Evasion. Credit Suisse, now owned by UBS, pleaded guilty, entered into a non-prosecution agreement with the Justice Department for other charges, and was fined $510 million for maintaining accounts in Singapore on behalf of U.S. taxpayers who were using those accounts to evade U.S. taxes and reporting requirements.

Walgreen’s Invalid Opioid Prescriptions. In one of the year’s most significant False Claims Act cases, which also involved alleged violations of the Controlled Substances Act, Walgreens Boots Alliance reached a $300 million settlement with the DOJ to resolve allegations that it illegally filled millions of invalid prescriptions for opioids and other controlled substances and then sought payment for many of those invalid prescriptions from Medicare and other federal health care programs.

Hino Motors and Emissions Cheating. The biggest environmental case of the year was announced in January while Joe Biden was still in office. Hino Motors, a subsidiary of Toyota, paid criminal and civil penalties totaling $1.6 billion to resolve federal and California state allegations that the company submitted fraudulent emissions testing data for diesel engines imported into the United States.

Kimberly-Clark and Fraudulent Testing. Kimberly-Clark paid over $40 million in fines and compensation to resolve federal allegations that it conducted fraudulent testing on surgical gowns marketed as providing the highest level of protection against fluid and viruses.

Turning now to matters handled by state attorneys general and state regulatory agencies, there were more than 30 such cases which resulted in a penalty of $50 million or more. For example:

DuPont et al. and PFAS. DuPont, Chemours, and Corteva, all of which emerged from the old E.I. DuPont de Nemours and Co., together agreed to pay $2.6 billion to remedy long-standing contamination stemming from PFAS originating from four industrial sites in New Jersey.

Google and Privacy. The Texas Attorney General announced that Google would pay $1.4 billion to resolve allegations it unlawfully tracked and collected users’ private data regarding geolocation, incognito searches, and biometric data.

UnitedHealth Group and Unnecessary Insurance. HealthMarkets Inc., a subsidiary of UnitedHealth Group, was ordered to pay $165 million in penalties and restitution in a case in which the Massachusetts Attorney General accused the company of misleading consumers into buying unnecessary health insurance products.

As for private litigation, more than 30 class action lawsuits with settlement amounts in excess of $50 million received final court approval this year. They include:

Blue Cross Blue Shield Anti-Competitive Practices. Blue Cross Blue Shield Association agreed to pay $2.8 billion to settle litigation brought by medical providers alleging that BCBS policies prevented its members from competing against each other.

Wage-Fixing. Tyson Foods paid $115 million and Perdue Farms paid $60 million to resolve allegations that they participated in a conspiracy among poultry companies to keep wage levels low.

Apple and Privacy. Apple agreed to pay $95 million to settle litigation alleging its Siri voice-activated software violated the privacy of users by eavesdropping on conversations.

The largest penalty outside the U.S. documented in Violation Tracker Global this year was the $3.4 billion fine imposed on Google by the European Commission for distorting competition in the advertising technology industry. The EC also brought large fines against Apple ($575 million) and Meta Platforms ($230 million).

Major penalties were seen in the area of privacy. The Irish Data Protection Commission fined TikTok $599 million, while the French privacy agency CNIL fined Google $378 million and e-commerce giant SHEIN Group $174 million.

The biggest environmental case outside the U.S. was a $140 million penalty against Thames Water in the UK for serious wastewater violations.

The main conclusion from all these cases is that misconduct on the part of large corporations remains pervasive around the world. In the United States, the future of regulatory enforcement at the federal level is uncertain, yet state and local regulators, along with plaintiffs’ lawyers, seek to fill the gap.

The Ellisons Prosper by Aligning with Trump

Numerous rich people are getting richer thanks to their connections to Donald Trump, but perhaps no one has gained as much as Larry Ellison and his son David. They control what is becoming one of the largest media empires the country has ever seen—and one that could very well serve as a multi-platform MAGA megaphone.

What is often overlooked is that the rise of the Ellisons was also made possible by a family fortune built to a significant extent on federal government contracts and that many of those contracts had a performance record that was something less than spotless.

Until recently, Larry Ellison was known mainly as the co-founder of the software producer Oracle Corporation. He was chief executive of Oracle from 1977 to 2014, and at age 81 he retains the titles of chairman and chief technology officer.

As Oracle grew over that period, so did Ellison’s lavish compensation package. That pay plus his large stake in the company have made him one of the wealthiest people in the world. The latest Forbes 400 list ranked him second, with a net worth of $276 billion.

Oracle does not disclose exactly how much of its revenue comes from government contracts, but USASpending shows that it takes in over $1 billion a year just for its federal healthcare-related services, much of that coming from the Department of Veterans Affairs. Oracle is one of four companies that received a $9 billion multi-year contract from the Pentagon for the Joint Warfighting Cloud Capability.

Oracle has gone on receiving contracts despite the fact that in 2011 it had to pay $199 million to settle Justice Department allegations that the company failed to meet its contractual obligations to provide the General Services Administration with current, accurate and complete information about its commercial sales practices, including discounts offered to other customers, and that Oracle knowingly made false statements to GSA about its sales practices and discounts.

Oracle’s record has also been tainted by foreign bribery allegations. In 2022 it paid $23 million to the Securities and Exchange Commission to resolve allegations that it violated the Foreign Corrupt Practices Act when subsidiaries in Turkey, the United Arab Emirates, and India created and used slush funds to bribe foreign officials. A decade earlier, Oracle had paid $2 million to settle a similar case involving improper payments in India.

These cases apparently were not an issue earlier this year when the Federal Communications Commission approved the acquisition of Paramount Global (CBS, Paramount Pictures, etc.) by Skydance Media, owned by the Ellisons. What was decisive, instead, was Paramount’s decision to enter into an extravagant settlement to resolve a baseless lawsuit filed by Trump against 60 Minutes. Once the merger was completed, the influence of the Ellisons could be seen in the decision to name right-leaning Bari Weiss as editor-in-chief of CBS News.

Now the combined Skydance Paramount is reported to be part of an effort to take over Warner Bros. Discovery, owner of CNN, HBO, the Warner Bros. studio, and much more. At the same time, the Ellisons are involved in the deal Trump has been putting together to transfer ownership of TikTok’s U.S. operations to an American consortium.

It is difficult to imagine that the Ellisons would be enjoying all this good fortune if they had not aligned themselves closely with Trump over the past year. In Trump’s America, all the past sins of a corporation can be forgotten as long as tribute is paid to the occupant of the White House.

Enforcement Inaction

The Trump Administration has declared war on business regulation, both overtly and covertly. Most visible has been the barrage of executive orders that cripple or eliminate rules without going through the normal review procedures. Since the beginning of this month, Trump has put his Sharpie to orders that instruct agencies to unilaterally repeal regulations they deem unlawful and to insert sunset provisions into others.

There is also a quiet form of deregulation stemming from the fact that many agencies have scaled back their enforcement activities. It is difficult to determine how much of this is being caused by operational disruptions linked to DOGE-instigated layoffs and how much stems from deliberate decisions to abandon cases, but the result is a sharp drop-off in the number of announced fines and settlements.

Let’s focus on the agencies that normally handle the biggest cases. Not surprisingly, the most dramatic decline has come at the Consumer Financial Protection Bureau, which Elon Musk has targeted for elimination. Since Trump took office, the agency has announced only one new resolved case. On January 30 the payment service Wise was ordered to pay a $2 million fine for misleading customers. Since then, instead of new penalties, the agency has issued press releases about “regulatory relief” as well as a remarkable statement which criticized an anti-redlining action brought by the agency during the Biden Administration. In November, the CFPB had fined Townstone Financial $105,000 to settle allegations that the firm discouraged African Americans from applying for mortgages. Calling that case “abusive” and “unjust,” Acting CFPB Director Russ Vought vacated the settlement and returned the $105,000 to Townstone.

Since the inauguration, the Securities and Exchange Commission has announced only about a dozen resolved cases against companies. During the same period (January 20-April 16) of last year, the SEC announced more than 40 penalties. There is also a disparity in the amounts recovered. During that period last year, the average penalty was above $8 million; this year it has been about $2 million. Last year’s defendants included major companies such as Volkswagen and U.S. Bancorp; this year’s list includes much smaller firms.

The caseload at the Federal Trade Commission has also been low. Since January 20 it has announced only two penalties—one for $193,000 and another for $17 million. During the same period last year, the agency announced 11 penalties totaling more than $350 million. These are only cases with monetary sanctions, unlike the current lawsuit being pursued by the FTC against Meta Platforms, which, if successful, would likely result in structural changes at the company.

The situation at the Justice Department is more mixed. Combining both main Justice and the U.S. Attorneys Offices around the country, there have been nearly 70 announcements of penalties against businesses.

More than 50 of these actions were brought under the False Claims Act, the law designed to combat cheating by federal contractors, including healthcare companies dealing with Medicare and other Medicaid. Very few cases were brought in many of the other categories DOJ normally covers.

It is encouraging that DOJ is still paying attention to contractor abuse, but it is ironic that this is happening at the same time DOGE has been largely ignoring that abuse in its purported campaign to combat fraud at federal agencies. Perhaps the remaining righteous prosecutors at DOJ should teach Elon Musk where to look.

Looking for Fraud in All the Wrong Places

Elon Musk and his DOGE marauders claim that fraud is rampant in federal agencies ranging from USAID to the Social Security Administration, yet they can never seem to prove it. The Wall of Receipts website, which purports to document savings DOGE has achieved, is now a laughingstock because of its repeated errors and falsifications.

DOGE would have us believe it is the first effort to address federal fraud. In fact, a variety of groups inside and outside the government have been combatting the phenomenon for decades. For example, in the 1980s, when Musk was still a teenager in South Africa and his DOGE staffers where not yet born, the Pentagon was found to be a hotbed of procurement fraud.

Unlike now, when federal staffers are being falsely accused of misconduct, the main culprits back then were recognized to be the big military contractors cheating Uncle Sam out of millions.

When the DOGE effort first took off, many observers assumed that major contractors would be targeted. Booz Allen and Leidos, which rake in billions each year from federal contracts for management consulting and technology services, saw their stock price plunge.

Leidos seemed to be in the DOGE crosshairs when the Wall of Receipts posted an item claiming a savings of $231 million from a $1 billion contract with the Social Security Administration. But that turned out to be one of DOGE’s blunders: the cancellation involved only a $560,000 sliver of the contract.

Now there is a growing sense that the contractors have little to worry about. A recent article in the New York Times headlined (in the print edition) “Budget Ax May Benefit Contractors” reported that the Veterans Administration, which had been planning to cancel 850 contracts with companies such as Leidos, has dropped that idea. In fact, in the wake of moves to eliminate 80,000 VA staff positions, experts interviewed by the Times said it was likely the agency would have to make greater use of contractors to maintain essential services.

In other words, DOGE’s purported promotion of government efficiency may very well result in an acceleration of outsourcing, which tends to raise rather than lower costs. Increased reliance on contractors will also make agencies more, not less, vulnerable to fraud.

Those 1980s abuses are not just a thing of the past. Since 2010, the Department of Justice and other federal agencies have collected $35 billion in fines and settlements from contractors using the False Claims Act and related laws. Booz Allen, for example, has been hit with $393 million in penalties, including a $377 million case in 2023 and $15 million one earlier this year.

Apart from the consulting companies, healthcare corporations account for a large share of the penalty total. The cases involve false billing by hospital chains and other providers to federal programs such as Medicare as well as drug company payment of illegal kickbacks to doctors to get them to prescribe expensive medications.

Pentagon contractors also continue their old tricks. Last year, aerospace companies Sikorsky and Derco, subsidiaries of Lockheed Martin, paid $70 million to resolve allegations they overcharged the Navy for spare parts and materials needed to repair and maintain the primary aircraft used to train naval aviators.

If DOGE were serious about fighting fraud, it would be looking at contractors such as these rather than hunting down supposed DEI abuses and eliminating federal employees whose job it is to prevent corruption.

The 2024 Corporate Rap Sheet

My colleagues and I collected more than 22,000 new entries for the U.S. version of Violation Tracker this year. We also launched Violation Tracker Global, which contains cases brought against large corporations in 52 countries. Here are some of the most notable cases of the year from both databases.

McKinsey and Opioids. McKinsey, the leading management consulting firm, had to pay $650 million in criminal and civil penalties to resolve a U.S. Justice Department (DOJ) case concerning its work for the disgraced pharmaceutical company Purdue Pharma. McKinsey was charged with conspiring with Purdue to “turbocharge” sales of OxyContin while misleading users about the addiction risks of the opioid.

TD Bank and Money Laundering. TD Bank N.A., a U.S. subsidiary of Canada’s Toronto-Dominion, pleaded guilty and agreed to pay $1.9 billion in fines and forfeiture to resolve DOJ charges that it violated the Bank Secrecy Act by failing to file reports on suspicious transactions and thereby facilitated money laundering by criminal networks.

BHP, Vale and a Mining Disaster. Mining giants BHP and Vale, co-owners of the Samarco joint venture, agreed to a US$31 billion settlement to resolve litigation brought by Brazilian communities destroyed by the 2015 Mariana mine-waste dam collapse that killed 19 people and polluted 400 miles of rivers.

Raytheon and Fraud and Bribery. Raytheon Company, a subsidiary of military contractor RTX (formerly known as Raytheon Technologies), agreed to pay over $950 million to resolve a DOJ criminal investigation into a major fraud scheme involving defective pricing on certain government contracts and violations of the Foreign Corrupt Practices Act and the Arms Export Control Act.

3M and PFAS. A federal judge in South Carolina gave final approval to a class action settlement in which 3M agreed to pay an estimated $12.5 billion to more than 10,000 public water systems to resolve allegations that PFAS chemicals produced by the company for use in firefighting foam ended up contaminating water sources.

Apple and Improper Tax Breaks. The European Commission ordered Apple to repay 13 billion euros to Ireland after determining that the special tax breaks the company had been receiving for 16 years amounted to a form of illegitimate state aid.

Meta Platforms and Biometric Data. Facebook parent Meta Platforms agreed to pay $1.4 billion to the Texas Attorney General’s office to settle a lawsuit alleging it improperly captured biometric data from millions of users for its facial recognition system without the authorization required by state law.

Teva Pharmaceuticals and Copaxone. The European Commission fined Teva 462 million euros for abusing its dominant position to delay competition to Copaxone, its medication for the treatment of multiple sclerosis. The Commission found that Teva artificially extended the patent protection of Copaxone and systematically spread misleading information about a competing product to hinder its market entry and uptake.

Uber Technologies and Wage Theft. Uber paid $148 million to settle a case brought by the Massachusetts Attorney General alleging that it violated state wage and hour law in the way it paid its drivers. The agreement also required the company to begin paying a minimum wage of $32.50 an hour and providing benefits such as paid sick leave. The case also targeted Lyft, which paid $27 million.

Glencore and Bribery. The Office of the Attorney General of Switzerland ordered commodities trading company Glencore to pay a penalty equal to about $152 million for failing to take steps to prevent the bribery of government officials in the Democratic Republic of Congo by a business partner.

Walgreens and False Claims. Walgreens Boots Alliance Inc. and Walgreen Co. agreed to pay $106 million to the DOJ to resolve alleged violations of the False Claims Act and state statutes for billing government health care programs for prescriptions never dispensed.

Veolia and a Workplace Death. A British subsidiary of France’s Veolia Group pleaded guilty to breaching the Health and Safety at Work Act after a worker died and another was seriously injured while decommissioning a North Sea gas rig. The Health and Safety Executive fined the company £3 million and ordered it to pay £60,000 in costs.

Goldman Sachs and Apple Card Users. The U.S. Consumer Financial Protection Bureau ordered Goldman Sachs to pay $64 million in fines and redress for mishandling customer service breakdowns affecting thousands of Apple Card holders. These failures meant that consumers faced long waits to get money back for disputed charges and some had incorrect negative information added to their credit reports.

You can find many more examples of the year’s corporate scandals in Violation Tracker and Violation Tracker Global. There is every reason to believe there will be many more cases for the Trackers to document in the coming year.

Biting the Hand

Few large corporations are as dependent on public sector clients as the consulting giant Booz Allen Hamilton. During its last fiscal year, 97 percent of its $9 billion in revenue came from the federal government, thanks to thousands of contracts with the Pentagon, the intelligence agencies and a wide range of civilian departments.

Given this close relationship, Booz Allen should be on its best behavior in dealing with Uncle Sam. Instead, it has been biting the hand that feeds it.

The Justice Department recently announced that the company has agreed to pay $377 million to resolve allegations that it violated the False Claims Act (FCA) by improperly billing federal agencies for costs relating to its limited amount of non-governmental work. The case was initiated by a whistleblower lawsuit filed by a former employee.

The DOJ announcement is unusual in its lack of specificity. Although it calls the case “one of the largest procurement fraud settlements in history,” the press release does not mention individual federal contracts that were overcharged or even the number that were affected by the company’s illicit practices. This may be because Booz Allen works on many classified matters, but the vagueness also suggests that the misconduct has been widespread and not an isolated lapse.

This is problematic for a firm that touts its integrity and highlights its inclusion in the Ethisphere list of the World’s Most Ethical Companies. This is despite the fact that Booz Allen faced a previous FCA case in 2006, when it paid over $3 million to resolve allegations that it and other consulting firms improperly billed the federal government for travel expenses.

Booz Allen’s new case also raises questions about the FCA itself. The law, enacted in the 1860s to deal with unscrupulous federal contractors during the Civil War, is used by the Justice Department to deal with a wide range of fraudulent behavior linked to government programs.

In Violation Tracker there are more than 2,400 federal FCA cases dating back to 2000 with total penalties of $47 billion. Booz Allen is hardly the only company with more than one entry in this category. Boeing, Lockheed Martin and Northrop Grumman have each paid FCA penalties more than a dozen times. Numerous large healthcare companies, both for-profit and non-profit, are also repeat FCA offenders.

This high degree of recidivism suggests that the FCA is not serving a very effective deterrent role. This may relate to the fact that FCA cases are all civil rather than criminal cases, and the penalties are usually quite affordable for the companies involved. Even the name of the law may be an issue: the phrase “false claims” gives the impression these cases involve nothing more than accounting discrepancies. In fact, what is involved is a form of fraud.

Contractors might be more inclined to deal honestly with federal agencies if they faced the prospect of being charged under something called the Fraudulent Contractor Act. Beyond that, federal prosecutors should look for ways to bring more FCA cases that also include criminal charges under other statutes.

DOJ does this from time to time—there have been 19 hybrid settlements in the past five years. The problem is that in many of these cases the defendant is offered a deferred or non-prosecution agreement, which largely nullifies the impact of the criminal charge.

The time has come for prosecutors to deal more aggressively with corporations that cheat federal agencies and thus the public.

The Pentagon Wakes Up to Arms Industry Concentration

Lockheed Martin’s decision to bow to pressure from the Federal Trade Commission and abandon its takeover of Aerojet Rocketdyne is a rarity. Such mergers among weapons producers were long encouraged by the Pentagon and approved by antitrust regulators. Bigger and more prosperous contractors were seen as being in the national interest.

This gave rise to a group of military leviathans. Along with Lockheed Martin, the result of the 1995 combination of Lockheed and Martin Marietta and the later addition of Sikorsky Aircraft, those giants include: Raytheon Technologies, which arose out of the 2020 merger of Raytheon and portions of United Technologies; Northrop Grumman, born out of the 1994 combination of Northrop Aircraft and Grumman Corporation; General Dynamics, formed from the 1950s merger of Electric Boat Company and Canadair; and Boeing, which gobbled up McDonnell Douglas in 1997.

Concentration, however, is no longer seen as a virtue in the arms industry. The Defense Department has just issued a report warning that the sharp reduction in competition among contractors is creating problems for the Pentagon. It points out that the number of aerospace and defense prime contractors is down from 51 in the 1990s to five today, making the military highly dependent on a very small number of producers in all categories of weapons systems.

This reduction in competition, the report argues, creates supply risks, increases costs and diminishes innovation: “Consolidations that reduce required capability and capacity and the depth of competition,” it states, “have serious consequences for national security.”

In place of the old approach of “bigger is better,” the report recommends heightening merger oversight, encouraging new entrants, increasing opportunities for small business, and hardening of supply chain resiliency.

For all its candor, one issue the report does not address is the checkered history of the big contractors in terms of honest dealing. They were all involved in numerous procurement scandals in the 1980s, the 1990s and into the 2000s. These ranged from massive cost overruns to cases of outright bribery.

The misconduct has continued. According to Violation Tracker, which covers cases back to 2000, the big five have paid more than $2 billion in fines and settlements in cases relating to government contracting—mainly violations of the False Claims Act. For example:

In 2006 Boeing paid $615 million to resolve criminal and civil allegations that it improperly used competitors’ information to procure contracts for launch services worth billions of dollars from the Air Force and NASA.

In 2008 General Dynamics agreed to pay $4 million to settle allegations that a subsidiary fraudulently billed the Navy for defective parts.

In 2014 a subsidiary of Lockheed Martin paid $27.5 million to resolve allegations that it overbilled the government for work performed by employees who lacked required job qualifications.

In 2009 Northrop Grumman agreed to pay $325 million to settle allegations that it billed the National Reconnaissance Office for defective microelectronic parts.

In 2008 Raytheon subsidiary Pratt & Whitney, then part of United Technologies, agreed to pay $50 million to resolve allegations it knowingly sold defective turbine blade replacements for jet engines used in military aircraft.

Now that the Pentagon is trying to reduce its dependence on giant contractors, it should also show less tolerance for corruption on the part of suppliers both large and small.