It’s not a non prosecution agreement.
It’s not a deferred prosecution agreement.
It’s an out of court settlement of False Claims Act charges where no charging papers were filed and the settlement document is not filed with a court.
Last week, Sevenson Environmental Services Inc., an environmental remediation firm based in Niagara Falls, New York, said it would pay more than $2.72 million to resolve allegations that it violated the False Claims Act and the Anti-Kickback Act by accepting kickbacks, rigging bids and passing inflated charges to the Environmental Protection Agency (EPA) in connection with work performed at the Federal Creosote Superfund Site in Manville, New Jersey.
The settlement agreement resolves allegations that Sevenson solicited and accepted more than $1.6 million in kickbacks from six companies in exchange for the award of subcontracts for work at the Federal Creosote Site in Manville.
The agreement also resolves allegations that Sevenson conspired with the subcontractors to pass the majority of those kickbacks to the EPA and that it conspired with one subcontractor to pass to the EPA additional inflated charges for soil disposal.
Two former employees were criminally charged and convicted in connection with the alleged bribery and kickbacks. One was sentenced to five years probation and another to 14 years in prison.
Sevenson was represented by Peter Spivack, a partner at Hogan Lovells in Washington, D.C.