Saturday, April 27, 2013

Pharmacuetical Sales Representative Whistleblower Rewards by Pharmaceutical Sales Representative Whistleblower Lawyer Jason S. Coomer

Pharmacuetical Sales Representative Whistleblowers That Expose Mass Fraud and Illegel Kickbacks Can Obtain Large Rewards by Pharmaceutical Sales Representative Whistleblower Lawyer Jason S. Coomer

In the United States, the cost of health care continues to increase creating significant problems for many Americans and the United States Economy.  A significant cause of this increase in medical costs is healthcare fraud including illegal kickbacks, off label marketing of drugs and medications, fraudulent billing practices, and other forms of Health Care fraud.   

If you are a pharmaceutical whistleblower that is aware of fraudulent off label drug marketing practices, illegal drug kickbacks, or price fixing by a pharmaceutical marketing department or pharmaceutical company, please feel free to contact Pharmaceutical Off Label Drug Marketing Fraud Whistleblower Lawyer Jason Coomer via e-mail message.

U.S. sues Novartis over kickbacks | Reuters


Authorities said the Basel-based company for a decade lavished healthy speaking fees and "opulent" meals, including a nearly $10,000 dinner for three at the Japanese restaurant, Nobu, to induce doctors to prescribe its drugs.

They said this led to the Medicare and Medicaid programs paying millions of dollars in reimbursements based on kickback-tainted claims for medication such as hypertension drugs Lotrel and Valturna and the diabetes drug Starlix.

The charges are detailed in a whistleblower lawsuit first filed against Novartis Pharmaceuticals Corp by a former sales representative in January 2011 and which the U.S. government has now joined.
Twenty-seven U.S. states, the District of Columbia and the cities of New York and Chicago are also plaintiffs in the lawsuit, which seeks triple damages under the federal False Claims Act.

"Novartis corrupted the prescription drug dispensing process," U.S. Attorney Preet Bharara in Manhattan said in a statement. "For its investment, Novartis reaped dramatically increased profits on these drugs, and Medicare, Medicaid, and other federal healthcare programs were left holding the bag."


Health Care Fraud Whistleblowers including Medicaid Fraud Whistleblowers  and Medicare Fraud Whistleblowers Have Helped The Federal and State Governments Recover Billions of Dollars and Have Received Large Financial Rewards For Exposing Health Care Fraud

Health Care Whistleblower Reward Lawsuits are the most effective method for identifying and preventing large scale health care fraud against the government.  As such, the United States and several states have enacted health care whistleblower reward laws that harness the power of economic incentives by offering large monetary rewards to whistleblowers that properly report significant fraud.  As a health care whistleblower reward lawyer, Jason Coomer works with whistleblowers to confidentially gather information regarding several different types of health care whistleblower rewards including Medicare fraud whistleblower reward lawsuits and Medicaid fraud whistleblower reward lawsuits.

For more information on this area of law, please go to the following web pages:



If you are a pharmaceutical whistleblower that is aware of fraudulent off label drug marketing practices, illegal drug kickbacks, or price fixing by a pharmaceutical marketing department or pharmaceutical company, please feel free to contact Pharmaceutical Off Label Drug Marketing Fraud Whistleblower Lawyer Jason Coomer via e-mail message.

Sunday, February 17, 2013

Federal Contractor False Certification: Federal Contractor False Certifications Can Be The Basis For Qui Tam Reward Lawsuits by Federal Contractor False Certification Lawyer Jason S. Coomer

Federal Contractor False Certification: Federal Contractor False Certifications Can Be The Basis For Qui Tam Reward Lawsuits by Federal Contractor False Certification Whistleblower Reward Lawyer Jason S. Coomer

Federal contractors that price gouge, provide defective products, seek payment of services that were not provided, or provide false information to the government for the purpose of claiming payments or benefits are the target of qui tam whistleblower reward laws.  These laws allow persons with original knowledge of federal contractor false certifications to expose federal contractor fraud and collect large rewards if they properly expose false certifications.

Whistleblowers can confidentially contact a false certification lawyer to help determine if they have a potentially valid case and discuss whistleblower rights under the Federal False Claims Act.   For more information on seeking a whistleblower reward for exposing a fraudulent federal contractor or subcontractor committing false certifications, please read below or please feel free to send an e-mail message to Federal Contractor False Certification Whistleblower Lawyer Jason S. Coomer.

Common Types of Defense Contractor Fraud and False Certifications that Lead to False Claims Act Lawsuits
False certifications are a common way that government contractors defraud the United States Government and taxpayers out of large amounts of money.  Many whistle blowers have been successful in blowing the whistle on fraudulent government contractors.  These whistleblowers have exposed defense contractor fraud that put our troops in danger and building contractors that steal money from the United States.  Under False Claims Act litigation billions of dollars are regained from these fraudulent government contractors and sub-contractors.  Some common ways government contractors cheat the government are False Certification of Product Quality, Product Substitution, Cross Charging, False Certification of Services Provided, Charging for Services or Goods not provided, and Violations of the Truth-in-Negotiations Act ("TINA"), and Improper Cost Allocation. 

For more information on False Certifications, please go to the following web page: Federal Contractor False Certifications and Qui Tam Whistleblower Reward Lawsuits.

Federal Contractor Fraud Whistleblower Reward Actions Under the Federal False Claims Act

The Federal False Claims Act creates financial incentives for private citizens that have knowledge of federal contractor fraud to blow the whistle on these fraudulent contractors. Whistleblowers under the act not only receive protection from the government for their uncovering previously unknown fraud, but can receive significant compensation.

Potential defendants include federal contractors, sub-contractors, defense contractors, health care providersgovernment procurement contractors and road construction contractors banks & financial institutes, state and local government agencies,  and private universities. Whistleblowers often include current and former employees of the defrauding company, competitors of government contractors and public interest groups.

Qui tam actions typically revolve around false certifications that are either directly or indirectly presented to the Government for "payment or approval." These false claims can be generated through the submission of false bills, records, statements or other representations made to the Government.
There are several types of Qui Tam claims covered under the False Claims Act:
  • Mischarging or overcharging for goods or services.
  • Improper price data and the request for payment for services never provided.
  • Holding government property for fraudulent purposes.
  • Avoiding payment of a debt to the government because of illegal reasons.
  • Knowingly providing the government with defective or dangerous products that were falsely certified.
  • Falsely certifying information for the entitlement of benefits.
  • Having any false claim paid by the government.

The mischarging case is the most common type of qui tam case filed. Mischarging cases generally involve filing false claims for goods or services that were not provided or delivered. A common mischarging scenario is employee labor charged to a government contract not worked on. Other common mischarging schemes are claims made to the Government for medical services not rendered or for services performed by an attending physician when the service was actually performed by a nurse or other provider that should have been billed at a lower rate.

For more information on seeking a whistleblower reward for exposing a fraudulent federal contractor or subcontractor committing false certifications, please read below or please feel free to send an e-mail message to Federal Contractor False Certification Whistleblower Lawyer Jason S. Coomer.


Sunday, January 20, 2013

Drug Company Fraud and Fines Are On The Rise: Federal and State Governments Expose Drug Company Fraud and Obtain Over $30 Billion in Recoveries by Drug Company Fraud Lawyer Jason S. Coomer

Drug Company Fraud and Fines Are On The Rise: Government and Whistle-blowers Have Obtained Over $30 Billion From Large Drug Companies Who Have Committed Fraud And These Numbers Will Increase As Drug Companies Commit Fraud To Obtain Their Share of the Over $800 Billion Drug Industry Annual Revenues by Drug Company Fraud Lawyer Jason S. Coomer

State and Federal governments are cracking down are drug companies and pharmaceutical professionals that commit fraud and violate the law to obtain large drug procurement contracts.  These crack downs are occurring through several whistle-blower laws. Please feel free to go to the following web page on some of the whistle-blower reward laws that have been and will be used to expose drug company fraud and reward whistle-blowers: Whistleblower Reward Laws.

The Most Significant Fines on Drug Companies and Rewards To Whistle-blowers To Date Have Come Through The Federal False Claim Act and State Medicaid Fraud Recovery Laws

Under the Federal False Claim Act and State Medicaid Fraud Recovery laws, pharmaceutical companies have been forced to pay over $30 Billion in civil and criminal penalties.  This money has been paid to federal and state governments and whistle-blowers.  The penalties are placed on drug companies that have committed illegal and fraudulent activities including fraudulent off label drug marketing practices, fraudulent drug marketing, illegal drug kickbacks, and price fixing. 

Billion dollar fines may seem like a large amount of money to pay in fines that would prevent future illegal actions, however, some drug companies are repeat offenders and plan to continue their fraudulent activities because of the large profits that they can make by violating the law.  Some of these drug companies have determined that the these fines are the price of doing business. The pharmaceutical industry has total annual revenues of over $800 Billion and this global is increasing as the drug industry continue to expand.  Further, with profits for some drugs of over $100 Billion, it can often be worth it for a pharmaceutical company to commit fraud and violate the law to obtain dominance in a market and obtain large public section contracts that translate into large profits.

Government Fines and Whistle-blower Rewards Will Continue to Increase As State and Federal Governments Seek To Reduce Fraud and The Cost of Medical Care

With several repeat offenders and the need to reduce huge public sector medical costs, several governments will continue to raise the fines as well as increase rewards to those that report large scale pharmaceutical company fraud.  Texas currently leads all states in settlements made possible by private-sector whistle-blowers, but the Federal government and numerous other states have also determined the cracking down on pharmaceutical fraud, Medicare fraud, Medicaid fraud, and other forms of health care fraud are important and a politically viable method of reducing public health care costs.

Pharmaceutical marketing representatives and pharmaceutical professionals that are aware of fraudulent off label drug marketing practices, fraudulent drug marketing, illegal drug kickbacks, or price fixing are encouraged to be the first to expose pharmaceutical company fraud.  By the first to file on pharmaceutical company fraud, a whistle-blower can become eligible for a large financial recovery and can avoid potential liability for failing to expose a know crime.

If you are aware of a drug company that is committing drug company fraud and would like to confidentially have your potential case reviewed, please feel free to contact Drug Company Fraud Whistleblower Lawyer Jason Coomer via e-mail message or please feel free to go to the following web pages on this topic: Whistle-blower Reward Lawsuits, Health Care Fraud Whistle-blower Lawsuits, Pharmaceutical Marketing Fraud Lawsuits, and Hospital Formulary Drug Fraud Lawsuits & Off Label Marketing Fraud Lawsuits

Monday, December 10, 2012

Qui Tam Lawsuits: Whistleblower Qui Tam Lawsuits Recovered a Record $3.3 Billion for The United States Government and Qui Tam Whistleblower by Qui Tam Whistleblower Recovery Lawyer Jason S. Coomer

Fiscal Year 2012 Saw Record Qui Tam Recoveries by Qui Tam Whistleblower Recovery Lawyer Jason S. Coomer

In 2012, qui tam whistleblowers and the federal government made record qui tam recoveries from corporations and criminals that committed health care fraud and other forms of government contractor fraud.  As Medicare and Medicaid spending continues to increase and the government continues to more aggressively seeks ways to reduce government spending, record qui tam whistleblower recoveries are expected to continue to increase in the future.   For information on specific types of whistleblower recovery lawsuits and for confidential reviews of whistleblower recovery lawsuits,please feel free to contact whistleblower recovery lawyer, Jason S. Coomer, or go to the following web page on whistleblower recovery lawsuits.



The Justice Department secured $4.9 billion in settlements and judgments in civil cases involving fraud against the government in the fiscal year ending Sept. 30, 2012, Tony West, Acting Associate Attorney General, and Stuart F. Delery, Principal Deputy Assistant Attorney General for the Civil Division, announced today.  This figure constitutes a record recovery for a single year, eclipsing the previous record by more than $1.7 billion, and brings total recoveries under the False Claims Act since January 2009 to $13.3 billion – which is the largest four-year total in the Justice Department’s history and more than a third of total recoveries since the act was amended 26 years ago in 1986.

Most false claims actions are filed under the act’s whistleblower, or qui tam, provisions, which allow private citizens to file suits alleging false claims on behalf of the government.   If the United States prevails in the action, the whistleblower, known as a relator, receives up to 30 percent of the recovery.   The department saw a record 647 qui tam suits filed last fiscal year and recovered a record $3.3 billion in suits filed by whistleblowers during the same period.

Whistleblower Reward Lawyer Confidentially Reviews Potential Qui Tam Reward Lawsuits

Whistleblower reward lawyer, Jason S. Coomer works with health care fraud whistleblowers, government contractor and procurement fraud whistleblowers, securities and investment fraud whistleblowers, and FCPA whistleblowers expose corrupt practices and claim whistleblower rewards.  If you are a person with special knowledge of significant fraud and corrupt practices, please feel free to contact Whistleblower Reward Lawyer Jason Coomer via e-mail message or use our submission form.  


Sunday, November 18, 2012

Corrupt Federal Contractors and Federal Contractor Fraud Whistleblowers: USDOJ: US Government Intervenes in False Claims Lawsuit Against Fluor Companies by Texas Federal Contractor Fraud Whistleblower Lawyer Jason S. Coomer

Corrupt Federal Contractors: Federal Contractor Fraud Whistleblowers Are Blowing the Whistle and Obtaining Large Financial Rewards For Expose Federal Contractor Fraud by Texas Federal Contractor Fraud Whistleblower Lawyer Jason Coomer

Federal government contractors that commit fraud are the target of Whistleblower Recovery Laws that offer large financial rewards to federal contractor fraud whistleblowers that are the first to properly expose hard to detect fraud against the federal government.   By collecting evidence and building a case against corrupt federal government contractors, whistleblowers can make a large financial recovery for the United States and themselves.

For more information on this topic, please feel free to contact Corrupt Federal Contractor Fraud Whistleblower Jason Coomer.

USDOJ: US Government Intervenes in False Claims Lawsuit Against Fluor Companies

The government has intervened in a lawsuit against Fluor Hanford Inc. and its parent company, Fluor Corporation (collectively Fluor), in the U.S. District Court for the Eastern District of Washington, the Justice Department announced today.   Fluor Hanford, Inc. is a subsidiary of Fluor Corporation, a Texas-based corporation that provides a wide variety of services to government and private customers.   The False Claims Act lawsuit was originally filed by whistleblower Loydene Rambo, a former employee of Fluor.  

Between 1999 and 2008, Fluor had a prime contract with the Department of Energy (DOE) to provide a wide variety of security, maintenance and operational services at the DOE’s Hanford Nuclear Site in southeastern Washington State.   As part of its contract, Fluor was responsible for managing and operating the Hazardous Materials Management and Emergency Response (HAMMER) Center, a federally-funded facility established to train Hanford site workers as well as first responders and law enforcement personnel.  
           
The whistleblower complaint alleges that, as a condition of receiving its DOE contract, Fluor was required to certify that it would not use federal funds for lobbying activities.   The complaint further alleges that between 2005 and 2008, Fluor ignored these restrictions and used DOE funding to lobby Congress and executive branch officials for more funding for HAMMER.   The complaint alleges that Fluor, and two lobbying firms hired by Fluor and paid using DOE funds, Secure Horizons LLC and Congressional Strategies LLC, lobbied members of Congress and executive branch agencies to include additional funds for HAMMER in agency appropriations.   The United States intervened in the lawsuit with respect to Fluor, but declined to intervene with respect to additional defendants, including Secure Horizons LLC and Congressional Strategies LLC.  

Wednesday, October 31, 2012

International Pharmaceutical Bribes: Analysis: U.S. foreign bribery penalties for drugmakers may lack bite | Reuters

International Pharmaceutical Bribes: International Whistleblower Reward Laws Offer Financial Rewards to Pharmaceutical Professionals That Expose International Pharmaceutical Bribes and Illegal Drug Procurement Kickbacks by International Pharmaceutical Bribe Lawyer, Drug Procurement Bribe Lawyer, and Drug Executive Whistleblower Lawyer Jason S. Coomer

International whistleblowers can recover large amounts of money for exposing international pharmaceutical bribes and illegal kickbacks.  As such, pharmaceutical representatives, international drug executives, government officials, physicians, health care providers, community activists, and other persons, who are the original source of specialized knowledge of international pharmaceutical bribes and other illicit payments for drug procurement, medical device procurement, medication, pharmaceutical, and medical equipment contracts.
 
For more information on a potential International Pharmaceutical Bribe Whistleblower Lawsuits, please feel free to go to the following web pages: International Medicine Bribe Lawyer and International Procurement Bribe Lawyer.


Analysis: U.S. foreign bribery penalties for drugmakers may lack bite | Reuters


"Global drugmakers are paying tens of millions of dollars to settle U.S. allegations that they bribed their way across emerging markets, but harsher penalties may be needed to deter the practice in untapped regions where billions are at stake."

"Federal authorities have cast a wide net to weed out suspected gift-giving and kickbacks to foreign doctors and government officials to gain a foothold in burgeoning new markets in Asia, Eastern Europe and Latin America."

"At least eight of the world's top 10 drugmakers, including Bristol-Myers Squibb Co, Pfizer Inc and Johnson &, have disclosed U.S. probes under the 1977 Foreign Corrupt Practices Act (FCPA).
Pfizer agreed to pay $60 million this year to settle FCPA charges and J&J reached a $70 million settlement last year. Pfizer is on track to record $10 billion in sales from emerging markets this year, while J&J said Brazil, Russia, India and China accounted for just under 10 percent of the $65 billion in sales it reported last year."

"With so much at stake outside of established markets in the United States and Europe, some experts say fines like these are hardly a deterrent."

"The $60 million fine for Pfizer to a lay person sounds like quite a bit of money, but in perspective it took less than two days of Lipitor sales during its peak. It's really just chump change for them," said Michael Leibfried, a senior analyst with market research consulting firm GlobalData. The cholesterol pill at its height was a $13 billion a year cash cow for Pfizer."

Thursday, October 11, 2012

International Bank Fraud and Bank Violations of International Sanctions:U. S. Bureau of Industry and Security - DOJ Press Release - June 12, 2012

Bank Fraud and Violations of International Sanctions Lead to Loss of $619 Million

Banks that violate international sanctions and commit fraud are the target of the Department of Justice and new whistleblower reward laws.  For more information on potential international bank fraud whistleblower rewards, please go to the following webpage International Financial Services Whistleblowers and International Bank Fraud Whistleblowers.

U. S. Bureau of Industry and Security - DOJ Press Release - June 12, 2012

ING BANK N.V. AGREES TO FORFEIT $619 MILLION FOR ILLEGAL TRANSACTIONS WITH CUBAN AND IRANIAN ENTITIES

WASHINGTON – ING Bank N.V., a financial institution headquartered in Amsterdam, has agreed to forfeit $619 million to the Justice Department and the New York County District Attorney’s Office for conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) and for violating New York state laws by illegally moving billions of dollars through the U.S. financial system on behalf of sanctioned Cuban and Iranian entities. The bank has also entered into a parallel settlement agreement with the Treasury Department’s Office of Foreign Assets Control (OFAC).

The announcement was made by Lisa Monaco, Assistant Attorney General for National Security; Ronald C. Machen, U.S. Attorney for the District of Columbia; Assistant Attorney General Lanny A. Breuer of the Criminal Division; District Attorney Cyrus R. Vance Jr., of the New York County District Attorney’s Office; James W. McJunkin, Assistant Director in Charge of the FBI Washington Field Office; Richard Weber, Chief, Internal Revenue Service (IRS) Criminal Investigation; and Adam J. Szubin, Director of the Office of Foreign Assets Control.

A criminal information was filed today in federal court in the District of Columbia charging ING Bank N.V. with one count of knowingly and willfully conspiring to violate the IEEPA and TWEA. ING Bank waived the federal indictment, agreed to the filing of the information and has accepted responsibility for its criminal conduct and that of its employees. ING Bank agreed to forfeit $619 million as part of the deferred prosecution agreements reached with the Justice Department and the New York County District Attorney’s Office.

According to court documents, starting in the early 1990s and continuing until 2007, ING Bank violated U.S. and New York state laws by moving more than $2 billion illegally through the U.S. financial system – via more than 20,000 transactions – on behalf of Cuban and Iranian entities subject to U.S. economic sanctions. ING Bank knowingly and willfully engaged in this criminal conduct, which caused unaffiliated U.S. financial institutions to process transactions that otherwise should have been rejected, blocked or stopped for investigation under regulations by OFAC relating to transactions involving sanctioned countries and parties.

“The fine announced today is the largest ever against a bank in connection with an investigation into U.S. sanctions violations and related offenses and underscores the national security implications of ING Bank’s criminal conduct. For more than a decade, ING Bank helped provide state sponsors of terror and other sanctioned entities with access to the U.S. financial system, allowing them to move billions of dollars through U.S. banks for illicit purchases and other activities,” said Assistant Attorney General Monaco. “I applaud the agents, analysts and prosecutors who for years pursued this case.”
“Banks that try to skirt U.S. sanctions laws undermine the integrity of our financial system and threaten our national security,” said U.S. Attorney Machen. “When banks place their loyalty to sanctioned clients above their obligation to follow the law, we will hold them accountable. On more than 20,000 occasions, ING intentionally manipulated financial and trade transactions to remove references to Iran, Cuba and other sanctioned countries and entities. Today’s $619 million forfeiture – the largest ever – holds ING accountable for its wrongdoing.”

“For years, ING Bank blatantly violated U.S. laws governing transactions involving Cuba and Iran, and then used shell companies and other deceptive measures to cover up its criminal conduct,” said Assistant Attorney General Breuer. “Today’s resolution reflects a strong collaboration among federal and state law enforcement partners to hold ING accountable.”

“Investigations of financial institutions, businesses and individuals who violate U.S. sanctions by misusing banks in New York are vitally important to national security and the integrity of our banking system,” said New York County District Attorney Vance. “These cases give teeth to sanctions enforcement, send a strong message about the need for transparency in international banking and ultimately contribute to the fight against money laundering and terror financing. I thank our federal partners for their cooperation and assistance in pursuing this investigation.”

“Today, ING Bank was held accountable for their illegal actions involving the movement of more than $2 billion through the U.S. financial system on behalf of Cuban and Iranian entities subject to U.S. economic sanctions,” said FBI Assistant Director in Charge McJunkin. “Investigations of this type are complicated and demand significant time and dedication from agents, analysts and prosecutors. In this case, their steadfast tenacity brought this case through to today’s result, and we will continue to pursue these matters in diligent fashion.”

“In today’s environment of increasingly sophisticated financial markets, it’s critical that global institutions follow U.S. law, including sanctions against other countries,” said IRS Criminal Investigation Chief Weber. “The IRS is proud to share its world-renowned financial investigative expertise in this and other complex financial investigations. Creating new strategies and models of cooperation among our law enforcement partners to ensure international financial compliance is a top-priority of the IRS.”

“Our sanctions laws reflect core U.S. national security and foreign policy interests and OFAC polices them aggressively. Today's historic settlement should serve as a clear warning to anyone who would consider profiting by evading U.S. sanctions,” said OFAC Director Szubin. “We commend our federal and state colleagues for their work on this important investigation.”

The Scheme

According to court documents, ING Bank committed its criminal conduct by, among other things, processing payments for ING Bank’s Cuban banking operations through its branch in CuraƧao on behalf of Cuban customers without reference to the payments’ origin, and by providing U.S. dollar trade finance services to sanctioned entities through misleading payment messages, shell companies and the misuse of ING Bank’s internal suspense account.

Furthermore, ING Bank eliminated payment data that would have revealed the involvement of sanctioned countries and entities, including Cuba and Iran; advised sanctioned clients on how to conceal their involvement in U.S. dollar transactions; fabricated ING Bank endorsement stamps for two Cuban banks to fraudulently process U.S. dollar travelers’ checks; and threatened to punish certain employees if they failed to take specified steps to remove references to sanctioned entities in payment messages.

According to court documents, this conduct occurred in various business units in ING Bank’s wholesale banking division and in locations around the world with the knowledge, approval and encouragement of senior corporate managers and legal and compliance departments. Over the years, several ING Bank employees raised concerns to management about the bank’s sanctions violations. However, no action was taken.

For decades, the United States has employed sanctions and embargoes on Iran and Cuba. Financial transactions conducted by wire on behalf of Iranian or Cuban financial institutions have been subject to these U.S. sanctions. The TWEA prohibits U.S. persons from engaging in financial transactions involving or benefiting Cuba or Cuban nationals and prohibits attempts to evade or avoid these restrictions. IEEPA makes it a crime to willfully attempt to commit, conspire to commit, or aid and abet in the commission of any violations of the Iranian Transaction Regulations, which prohibit the exportation of any services from the United States to Iran and any attempts to evade or avoid these restrictions. IEEPA and TWEA regulations are administered by OFAC.

The Investigation

 The Justice Department’s investigation into ING Bank arose out of ongoing investigations into the illegal export of goods from the United States to sanctioned countries, including Iran. For instance, ING processed payments on behalf of one customer, Aviation Services International B.V. (ASI), a Dutch aviation company which was the subject of a U.S. Commerce Department-initiated criminal investigation, through the United States for trade services relating to the procurement by ASI of dual-use U.S. aviation parts for ASI’s Iranian clients. The ING Bank investigation also resulted in part from a criminal referral from OFAC, which was conducting its own probe of ING Bank.
ING Bank’s forfeiture of $309.5 million to the United States and $309.5 million to the New York County District Attorney’s Office will settle forfeiture claims by the Department of Justice and the state of New York. In light of the bank’s remedial actions to date and its willingness to acknowledge responsibility for its actions, the Department will recommend the dismissal of the information in 18 months, provided ING Bank fully cooperates with, and abides by, the terms of the deferred prosecution agreement.

OFAC’s settlement agreement with ING deems the bank’s obligations to pay a civil settlement amount of $619 million to be satisfied by its payment of an equal amount to the Justice Department and the state of New York. OFAC’s settlement agreement further requires the bank to conduct a review of its policies and procedures and their implementation, taking a risk-based sampling of U.S. dollar payments, to ensure that its OFAC compliance program is functioning effectively to detect, correct and report apparent sanctions violations to OFAC.

The case was prosecuted by Trial Attorney Jonathan C. Poling of the Justice Department’s National Security Division; Assistant U.S. Attorneys Ann H. Petalas and George P. Varghese, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia; and Trial Attorney Matthew Klecka of the Criminal Division’s Asset Forfeiture and Money Laundering Section.
The case was investigated by the FBI’s Washington Field Office and the IRS-Criminal Investigation’s Washington Field Division, with assistance from the Treasury Department’s OFAC and the Commerce Department’s Bureau of Industry and Security.