Department of Justice Seal


FOR IMMEDIATE RELEASE	CIV

WEDNESDAY, JANUARY 28, 1998 (202) 616-2765

TDD (202) 514-1888



CLAIMS ALLEGING FRAUD IN ENVIRONMENTAL TESTING

SETTLED FOR $320,100, UNDER JUSTICE DEPARTMENT SETTLEMENT

WASHINGTON, D.C. -- An environmental testing firm and its former parent corporation today agreed to pay the federal government $320,100 for allegedly failing to properly test the level of hazardous substances in soil and water samples as required under contracts with the Army Corps of Engineers, the Justice Department announced.

Assistant Attorney General Frank Hunger of the Civil Division and U.S. Attorney Michael J. Yamaguchi of San Francisco, said the settlement resolves charges against National Environmental Testing Inc. (NET) and its wholly-owned subsidiary, NET Midwest Inc., both of Bartlett, Illinois, and Ocean Group, plc, a British public-liability corporation and the former sole shareholder of NET. Ocean Group sold NET in 1996 to a group comprised of NET's senior managers.

The charges originally were brought in 1996, in U.S. District Court in San Francisco, by Thomas F. Cullen Jr., a former division manager of NET Midwest's laboratory at Santa Rosa, California, under the qui tam provisions of the False Claims Act.

The complaint alleged that employees of NET Midwest's Santa Rosa laboratory failed to follow mandatory analytical procedures in testing for the presence and concentration of hazardous substances in samples they received in connection with environmental investigations and remedial actions at federal facilities.

According to the complaint, the Santa Rosa laboratory, from 1989 through 1995, was the quality control facility used by the Corps as a standard to measure the effectiveness of the clean-up at hazardous waste sites for such solvents as benzene and toluene. The complaint accused the laboratory's employees of failing to measure the contaminants by a scientific method; rather, they visually estimated the amount of the contaminants.

The Environmental Protection Agency, because of the allegations, suspended the laboratory from federal contracting in March 1996. EPA ended the suspension after EPA and NET negotiated a compliance agreement in July 1996.

Under the settlement, Cullen will receive $62,700 for bringing the matter to the attention of the government.

Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United Sates and receive a portion of the settlement if the government takes over the case and prosecutes it successfully.

The case was investigated by the Army Criminal Investigation Command; the Air Force Office of Special Investigations; the Naval Criminal Investigative Service; and the EPA's Office of Inspector General. The Civil Division and the United States Attorney's office negotiated the settlement.

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