Case Summary

In this False Claims Act case, Relator Luke Faulkner blew the whistle on improper welding performed during the “up armoring” of High Mobility Multipurpose Wheeled Vehicles (“HMWWVs” or “Humvees”). The “up armored” HMMWVs were modified by O’Gara Hess & Eisenhardt Armoring Company for the United States Army and Air Force, and the case focused on the failure of O’Gara Hess to ensure (1) that its welding subcontractors used certified welders; and (2) that those subcontractors used appropriate quality control procedures in connection with their work on the vehicles.

The improperly made parts included the critical “pintle mounts,” by which machine guns, anti aircraft guns, and TOW anti-tank missiles are mounted to the vehicles.

Failure of a pintle mount could result in serious injury or death to soldiers. We represented Mr. Faulkner in a qui tam suit against O’Gara Hess and three of its subcontractors. The United States intervened. A settlement was reached whereby O’Gara Hess paid $1,100,000, and the three subcontractors combined to pay $120,000. Relator Faulkner received over $200,000 of that amount.

TYPE

False Claims Act

CASE

United States ex rel. Faulkner v. O’Gara Hess & Eisenhardt Armoring Co.

CASE NO.

C-1-99-24 (S.D. Ohio)

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