Pudacah False Claims Act Settled, More Anticipated

Updated 7 years ago From Press Release

A settlement agreement has been agreed upon regarding a False Claims complaint in Paducah regarding landfill operations.

Gary S. Vander Boegh, President of Commonwealth Environmental Services, LLC and former Lockheed Martin project manager for landfill operations at the Paducah Gaseous Diffusion Plant, is pleased to announce the settlement agreement with the Bechtel Jacobs Company LLC (BJC). The qui tam complaint captioned United States ex rel. Vander Boegh v. Bechtel Jacobs Company LLC was filed by “Relator” Gary Vander Boegh in the Western District Court of Kentucky against the Bechtel Jacobs Company (BJC) by C. Dean Furman, Esq. on behalf of the United States of America, acting through the United States Department of Justice, Civil Action No. 5:02CV- 300-M, pursuit to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3730 (b).


Although the amount of the settlement negotiated by the Department of Justice was negotiated below what Vander Boegh had expected, the total settlement in the amount of $230,000 for both qui tam actions, comes at a time when Vander Boegh (now a twice successful “qui tam relator”) and his company Commonwealth Environmental Services, LLC will be encouraging other Paducah Gaseous Diffusion Plant employees to file such “profitable” actions. However, Vander Boegh encourages former and current PGDP workers to contact him before filing a future “Qui Tam” to minimize the potential “retaliation” that (if it occurs) may actually maximize future settlements. False Claims Act provides for back pay times 2, should a contractor retaliate against a nuclear worker who files a “qui tam” action in U.S federal court. Vander Boegh is looking forward to working with Commonwealth Attorney General Jack Conway to assist educating the nuclear workers and in the prosecution of future “qui tam” actions that will be presented to Senators Mitch McConnell and Senator Rand Paul prior to filing.


The original qui tam Civil Action No. 5:02CV- 300-M, was filed by C. Dean Furman, Esq. and was twice amended and alleged in short that Bechtel Jacobs: (1) billed the United States for services in connection with remediation and removal of wastes that were improperly handled as “nonhazardous” when Bechtel Jacobs should have known the wastes were F-listed hazardous during the period April 1998 to January 2002; (2) improperly stored “no rad added” waste at the Paducah Plant and disposed of those wastes at a site designated for radioactive wastes (the Nevada Test Site), when those wastes could have been disposed of more cheaply at the plant’s contained/ sanitary landfill; and (3) disposed of waste at the plant’s sanitary landfill even though those wastes contained excessive amounts of free liquids in February, May, June, and July 2004.


Vander Boegh indicated, “It is always extremely gratifying to be a part of returning money to the United States Treasury!”

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