Raytheon Agrees to Pay Over $950 Million in Connection with Defective Pricing, Foreign Bribery and Export Control Schemes

Raytheon Agrees to Pay Over $950 Million in Connection with Defective Pricing, Foreign Bribery and Export Control Schemes

Wednesday, October 16, 2024

As part of today’s announcement, Raytheon will pay over $574 million to resolve criminal civil liability for overcharging government contracts in connection with filings unsealed in the District of Massachusetts

BOSTON – Raytheon Company (Raytheon), a subsidiary of RTX (formerly Raytheon Technologies Corporation) in Arlington, Va., has agreed to pay over $950 million to resolve the government’s investigations into a major government fraud scheme involving defective pricing on certain government contracts and violations of the Foreign Corrupt Practices Act (FCPA) and the Arms Export Control Act (AECA) and its implementing regulations, the International Traffic in Arms Regulations (ITAR).

The U.S. Attorney’s Office in Massachusetts announced today that Raytheon will pay over $574 million to resolve criminal civil liability for overcharging government contracts. Raytheon has entered into a three-year deferred prosecution agreement (DPA) in connection with a criminal Information filed today in the District of Massachusetts charging Raytheon with two counts of major fraud against the United States. Raytheon has agreed to pay $147 million to resolve the criminal allegations. Today’s settlement with the District of Massachusetts also resolves civil allegations that Raytheon provided untruthful certified cost or pricing data when negotiating prices with the DOD for numerous government contracts and double billed DOD on a weapons maintenance contract. Raytheon has agreed to pay $428 million, the second largest government procurement fraud recovery under the False Claims Act, to resolve the civil allegations. Under both resolutions, Raytheon will pay a total of $574.7 million. Under the terms of the DPA, Raytheon will pay $146.7 million in a criminal monetary penalty, $111.2 million in victim compensation and retain an independent compliance monitor for three years.

Separately, Raytheon entered into a three-year DPA in connection with a criminal information unsealed today in the Eastern District of New York charging Raytheon with two counts: conspiracy to violate the anti-bribery provision of the FCPA for a scheme to bribe a government official in Qatar and conspiracy to violate the AECA for willfully failing to disclose the bribes in export licensing applications with the Department of State as required by Part 130 of ITAR.

The agreements in Boston the District of Massachusetts and the Eastern District of New York require that Raytheon retain an independent compliance monitor for three years, enhance its internal compliance program, report evidence of additional misconduct to the Justice Department, and cooperate in any ongoing or future criminal investigations.  

Raytheon also reached a separate False Claims Act settlement with the department relating to the defective pricing schemes. The Justice Department’s FCPA and ITAR resolution is coordinated with the Securities and Exchange Commission (SEC).

In addition, the Justice Department’s resolutions ensure that the appropriate federal agencies can proceed with determining whether Raytheon or any other individuals or entities associated with the company should be suspended or debarred as federal contractors. Pursuant to the Federal Acquisition Regulations (FAR), when more than one agency has an interest in an entity’s potential suspension or debarment, the FAR requires that the Interagency Suspension and Debarment Committee (ISDC) identify the lead agency for conducting governmentwide suspension or debarment proceedings. In connection with this resolution, the Justice Department has referred Raytheon’s factual admissions to the appropriate officials within the DOD to initiate the process with the ISDC to identify which federal agency will take the lead in such administrative proceedings, which occur independently of the Justice Department’s criminal and civil resolutions.

“Through deliberate and deceptive actions, Raytheon not only defrauded the U.S. government – it compromised the integrity of our defense procurement process,” said Acting United States Attorney Joshua S. Levy. “Our office is committed to holding accountable those who prioritize profits over national security and clear legal obligations. This case underscores our unwavering commitment to pursuing justice, particularly when taxpayer dollars and DOD operations are at stake. We will continue to work tirelessly with our law enforcement partners to ensure that this type of misconduct is fully exposed and addressed with serious consequences.”

“Raytheon engaged in criminal schemes to defraud the U.S. government in connection with contracts for critical military systems and to win business through bribery in Qatar,” said Deputy Assistant Attorney General Kevin Driscoll of the Justice Department’s Criminal Division. “Such corrupt and fraudulent conduct, especially by a publicly traded U.S. defense contractor, erodes public trust and harms the Department of Defense, businesses that play by the rules, and American taxpayers. Today’s resolutions, with criminal and civil penalties totaling nearly $1 billion, reflect the Criminal Division’s ability to tackle the most significant and complex white-collar cases across multiple subject matters.”

“Government contractors have an obligation to be fully transparent about their cost and pricing data when they seek an award of a sole source contract,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department will use all available tools to hold accountable contractors that knowingly provide inflated pricing information or otherwise violate their legal obligations when negotiating or performing contracts with the United States.”

“Investigating procurement fraud impacting DOD contracts is a top priority for the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DOD Office of Inspector General,” said Inspector General Robert Storch for the Department of Defense. “When DOD contractors fail to provide truthful pricing data and overcharge the government, they undermine the integrity of the DOD procurement process and harm critical DOD programs. The DCIS will continue to work with its law enforcement partners and the Department of Justice to ensure DOD contractors that engage in defective pricing schemes are held accountable for their actions. The Defense Contract Audit Agency's Operations Investigative Support Division provided valuable expertise during this investigation.”

“We rely on private contractors to help build our unparalleled defense technology, not to pull the wool over our eyes by convincing the government to shell out tens of millions more than what their technology is actually worth,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation (FBI) Boston Division. “Today’s settlement holds Raytheon both criminally and financially responsible for doing just that, using fraud and deceit to gouge American taxpayers to boost its company’s bottom line. The FBI and our partners will not hesitate to investigate any entity that sets out to undermine the principles of fair and free competition to defraud the federal government and waste precious tax dollars.”

“This recovery exemplifies the commitment of the Department of the Army Criminal Investigation Division to ensure that contracts supporting our warfighters are executed effectively and fairly, guaranteeing our armed forces remain unmatched in capability and lethality,” said Special Agent-in-Charge Keith K. Kelly, Department of the Army Criminal Investigation Division’s (CID) Fraud Field Office. “Army CID applauds the efforts of our partners in this investigation and recovery. We will continue to work tirelessly to defend our defense procurement enterprise against any party which would seek financial advantage to the detriment of our men and women in uniform.”

“Any attempt to defraud the government also degrades our military’s ability to invest in the capabilities needed to protect our nation,” said Special Agent Jason Hein of the Air Force Office of Special Investigations (AFOSI) Director of Procurement Fraud. “The AFOSI procurement fraud team is committed to working with our partners to protect the procurement process and the government funds entrusted to the Department of the Air Force.”

According to admissions and court documents filed in the District of Massachusetts, Raytheon employees provided false and misleading information to the DOD during contract negotiations concerning two contracts with the United States for the benefit of a foreign partner, one to purchase PATRIOT missile systems and the other to operate and maintain a radar station. In both instances, Raytheon employees provided false and deceptive information to DOD in order to mislead DOD into awarding the two contracts at inflated prices. These schemes to defraud caused the DOD to pay Raytheon $111.2 million more than Raytheon should have been paid on the contracts.

Raytheon cooperated with the investigation and engaged in remedial measures, including, terminating employees who remained at the company that were responsible for the misconduct; establishing a broad defective pricing awareness campaign; developing and implementing policies, procedures and controls relating to defective pricing compliance; and engaging additional resources with appropriate expertise to evaluate and test the new policies, procedures and controls relating to defective pricing compliance.  

Pursuant to the DPA, Raytheon has also agreed to retain an independent compliance monitor for a period of three years, and Raytheon and RTX have agreed to continue to implement a compliance and ethics program at Raytheon designed to prevent and detect fraudulent conduct throughout its operations. Raytheon and RTX also agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations by the Criminal Division’s Fraud Section or the U.S. Attorney’s Office for the District of Massachusetts.

Under the False Claims Act settlement Raytheon will pay $428 million for knowingly failing to provide truthful certified cost and pricing data during negotiations on numerous government contracts between 2009 and 2020, 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. As part of the settlement, Raytheon admitted that it failed to disclose cost or pricing data, as required by TINA, regarding its labor and material costs to supply weapons systems to DOD, and that it failed to disclose cost or pricing data, as required by TINA, regarding its labor costs to staff a radar station. As a result, Raytheon overcharged the United States and received profits in excess of the negotiated profit rates. Raytheon also admitted it billed the same costs twice on a maintenance contract for the DOD.

The DOD’s Principal Director of Defense Pricing, Contracting, and Acquisition Policy, Mr. John Tenaglia said, “The Defense Department greatly appreciates DOJ’s outstanding efforts culminating in this significant recovery. The price we pay for equipment and services absolutely matters. The more we pay, the less combat capability we can deliver for our nation’s warfighters. This DOJ recovery both restores funding that will be used to acquire more capability while also serving as a strong deterrent to all companies that might seek to deny DOD contracting officers with factual information they require to negotiate contracts at fair and reasonable prices.”

“During the course of a Truth in Negotiations audit, DCAA’s auditors found indicators of suspected irregular conduct and elevated these concerns to the Department of Defense Inspector General and the Department of Justice. DCAA’s Investigative Support team assisted on the case and provided valuable insight into the calculations of the damages to the Government.  Preventing fraud and ensuring a fair and reasonable price for products is everyone’s job and DCAA is a valuable member of the team required to investigate and prosecute those who seek to defraud the government,” said Terri L. Dilly, Director, Defense Contract Audit Agency (DCAA).

The civil settlement includes a resolution of a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the Government’s recovery.  The qui tam lawsuit was filed by a former Raytheon employee, and is captioned United States ex rel. Atesoglu v. v. Raytheon Technologies Corporation, 21-CV-10690-PBS (D. Mass.). The whistleblower will receive $4.2 million as her share of the settlement.

The criminal case is being prosecuted by Assistant U.S. Attorneys Brian LaMacchia and Benjamin Saltzman of the District of Massachusetts and Assistant Chief Kyle Hankey, Acting Assistant Chief Laura Connelly and Trial Attorney Tamara Livshiz of the Criminal Division’s Fraud Section. The case was investigated by DCIS, Army-CID, FBI and Air Force OSI.

The civil investigation was handled by Assistant U.S. Attorney Brian LaMacchia of the District of Massachusetts, along with Trial Attorneys Art J. Coulter, Patrick Klein and Jared S. Wiesner of the Civil Division’s Commercial Litigation Branch, Fraud Section.