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ADS Issues Statement Regarding Civil Suit Settlement With DoJ

Friday, August 11th, 2017

ADS, Inc Settles Civil Investigation With US Department of Justice

Virginia Beach, Va. – Virginia Beach-based ADS, Inc. has agreed to settle a civil investigation brought by the Department of Justice (DOJ) as a result of a qui tam lawsuit filed by a private party.

The settlement marks the end of the DOJ’s investigation into the company’s past eligibility to bid on federal set aside contracts, and other allegations regarding bidding on contracts. ADS believes it has always complied with standards promulgated by the Small Business Administration (SBA). Notwithstanding any incorrect comments to the contrary, the DOJ did not intervene in the case, ADS settled the matter with no admission of liability on any of the allegations underlying the investigation, and there were no such findings, including any of fraud. ADS made the decision to settle after incurring millions of dollars in legal fees and countless hours of time value over three years responding to interrogatories and burdensome document requests by the government, hindering the company’s ability to continue serving its customers and employing its people.

“After spending many months cooperating closely with the government’s investigation, we concluded that our company, our customers, and our employees would be best served by putting this matter behind us. We are pleased that we were able to settle the matter amicably and that the settlement does not impede in any way ADS’s continuing service to all of its customers under its current contracts,” said ADS Communications Director, Caitlin Stojanovich.

“ADS strives and will continue to strive to assure compliance with all legal requirements and our Office of Compliance will work to keep meeting that critical goal,” stated Nikki Williams who leads the Office of Compliance for ADS and is responsible for ensuring the company continues to operate in full compliance with all applicable laws and regulations.

“We are focusing on the future of our business as we move ahead and continue to be committed to doing the right things for our customers and our employees,” Stojanovich added. “ADS has always taken the very best care of our men and women in uniform and that is what we will continue to do.”

ADS Inc Agrees To Pay $16 Million Settlement To DoJ In Civil Suit Alleging Fraudulently Obtained Small Business Contracts

Friday, August 11th, 2017

On 10 August, 2017, the US Department of Justice announced that Virginia Beach-based ADS, Inc had agreed to pay $16 Million to “settle allegations that they violated the False Claims Act by knowingly conspiring with and causing purported small businesses to submit false claims for payment in connection with fraudulently obtained small business contracts.”

According to the DoJ, “the settlement resolves allegations that ADS engaged in illegal bid rigging schemes that inflated or distorted prices charged to the government under certain contracts.”

The settlement with ADS resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in federal district court in the District of Columbia by Ameliorate Partners LLP. As part of today’s resolution, the whistleblower will receive approximately $2.9 Million of the $16 Million received by the US government.

It is important to note that the claims resolved by the settlement are allegations only, and there has been no determination of liability. It also puts to bed a long rumored investigation into ADS’s involvement with small businesses in contracting.

We reached out to ADS this morning for a statement but they did not respond.

UPDATE: ADS issued a stamens later the same day. The heart of their statement is summarized in this excerpt.

Notwithstanding any incorrect comments to the contrary, the DOJ did not intervene in the case, ADS settled the matter with no admission of liability on any of the allegations underlying the investigation, and there were no such findings, including any of fraud. ADS made the decision to settle after incurring millions of dollars in legal fees and countless hours of time value over three years responding to interrogatories and burdensome document requests by the government, hindering the company’s ability to continue serving its customers and employing its people.

We will update you if any additional information comes to light.