Lockheed Martin Corporation Agrees to Settle False Claims Act Allegations of Defective Pricing

Lockheed Martin Corporation (LMC) has agreed to pay $29.74 million to resolve False Claims Act allegations of defective pricing on contracts for F-35 military aircraft. This payment is in addition to $11.3 million that LMC previously paid to the Department of Defense (DOD) for the same undisclosed cost and pricing data on some of the same contracts. LMC, headquartered in Bethesda, Maryland, is one of the world’s largest defense contractors.

According to court documents, between 2013 and 2015, LMC inflated pricing proposals it submitted to obtain contracts for the F-35 by failing to provide to DOD’s F-35 Joint Program Office (JPO) accurate, complete, and current cost and pricing data during the negotiations leading to the award of five contracts for the production or sustainment of the F-35. The United States alleged that LMC had knowledge of suppliers’ cost or pricing data that it did not disclose to the JPO in violation of the Truth in Negotiations Act (TINA). Congress enacted TINA in 1962 to help level the playing field in sole source contracts — where there is no price competition — by making sure that government negotiators have access to the cost or pricing data that the offeror used when developing its proposal. The United States alleged that had LMC provided accurate, complete, and current cost and pricing data, JPO would have awarded the contracts in lower amounts.

“Those who do business with the government must do so fairly and honestly,” said Acting Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “We will pursue contractors that knowingly misuse taxpayer funds.”

“The United States relies on contractors such as Lockheed Martin to provide accurate, complete, and current information, including pricing data, when negotiating contracts with the government,” said Acting U.S. Attorney Abe McGlothin, Jr, for the Eastern District of Texas. “If a contractor fails to do so, and that failure affects the value of its contract with the government, the Eastern District of Texas will take steps to ensure that the contractor is held accountable.”

“The F-35 program is at the heart of our nation’s defense,” said Air Force Lt. Gen. Mike Schmidt, Director and Program Executive Officer, F-35 Joint Program Office. “The F-35 Joint Program Office will continue to insist on integrity and honesty in all business transactions. We demand 100% accountability for every dollar spent on this program on behalf of U.S. taxpayers and international customers and taxpayers.”

“The Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS) will methodically pursue all alleged violations of the False Claims Act and Truth in Negotiations Act,” said Principal Deputy Director James R. Ives of DCIS. “Today’s outcome reflects the unwavering commitment of DCIS and our investigative partners to hold accountable those who bilk the American taxpayer by perpetrating fraud against the DOD.”

“Overinflation of production and sustainment costs for an aircraft critical to our national defense undermines operational readiness and erodes the trust placed in the Department of Defense by the American people,” said Special Agent in Charge Greg Gross of the Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office. “NCIS and our investigative partners remain steadfast in our commitment to investigating entities that compromise the integrity of government contracts.”

The settlement derives from allegations originally brought in a lawsuit filed in the Eastern District of Texas by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties, known as relators, to bring suit on behalf of the government and to share in any recovery. The qui tam case is captioned U.S. ex rel. Patrick Girard v. Lockheed Martin Corp., No. 4:17-CV-147 (EDTX). The relator’s share of the settlement has not yet been determined.

This settlement was the result of a coordinated effort between the Civil Division, Commercial Litigation Branch, Fraud Section of the Department of Justice, and the U.S. Attorney’s Office for the Eastern District of Texas with assistance from JPO, DCIS, NCIS, and the Defense Contract Audit Agency.

Trial Attorney Arnold M. Auerhan of the Justice Department’s Civil Division and Assistant U.S. Attorney James Gillingham for the Eastern District of Texas handled the matter.

The claims resolved by the settlement are allegations only, and there has been no determination of liability