While we are used to seeing whistleblowers call out companies and doctors who defraud the Medicare and Medicaid systems, the federal False Claims Act actually applies to any government contractor who defrauds or attempts to defraud the United States on any contract in any department.
In a recently unsealed case that was filed in 2016, a former engineer with aircraft engine manufacturer Pratt & Whitney engineer has filed a lawsuit under the False Claims Act in the U.S. District Court in Connecticut. The suit accuses the company of knowingly selling โflawedโ jet engines to the U.S. Air Force. According to the complaint, the defects in the engines could result in either premature wear in those engines or, in some cases, a possible โcatastrophic failure.โ
Whistleblower Claims Wrongful Termination
In the case, whistleblower Peter J. Bonzani Jr., of Bolton, Connecticut, has asserted that Pratt & Whitney fired him after he brought his concerns to company officials. Pratt & Whitney operates from at least six locations in Texas, including one in San Antonio, a plant that figures prominently in this lawsuit.
In response to the newly unsealed case, officials with Pratt & Whitney issued a brief emailed statement to the media in refutation of the claims made in refutation of the lawsuit. โThere is absolutely no merit to these claims,โ the officials wrote. โWe intend to defend this case aggressively.โ
According to the lawsuit, between Sept. 2012 and Nov. 2015, Bonzani worked at the companyโs East Hartford plant, first as an independent contractor and later as a full-time employee. His job was to provide โautomation and thermal spray expertise and servicesโ at the plant. At one point, he discovered what he characterized as โintentional and/or reckless conduct,โ which he maintains led to the use of a โflawed manufacturing process,โ which resulted in โthe creation of defective engine parts for fighter jets in use by the United States Air Forceโs fighter jets.โ
Claims of Contractor Negligence
The lawsuit also maintains Pratt & Whitney โrecklessly used inappropriate spray equipment and flawed test methodologiesโ in the manufacture of jet engines. More specifically, he maintains the company deliberately manipulated test procedures in the manufacture of parts for the F119 engine used exclusively in the Pentagonโs F-22 Raptor fighter jet. Bonzani also insists Pratt officials engaged in the โinappropriateโ spray procedure specifically in applying the coating on the โknife edge seals used in the engine rotors.โ Accordingly, they also implemented a โsimilarly flawed spraying processโ in the manufacture of the F100 engines used in the Air Forceโs F-15 and F-16 fighter jets.
Due to the use of these flawed processes, Bonzani asserted that many of the engines supplied to the Air Force by Pratt & Whitney are at risk for โpremature wear and possible catastrophic failure,โ which puts pilot at greater risk. As a result of all this, the whistleblower claimed the company had submitted โfalse claims for paymentโ and had made or used โfalse records and certifications to get claims paid,โ which puts them in violation of the federal False Claims Act.
According to Bonzani, when he advised his superiors of the flawed spraying process and the manipulated test procedures taking place at the Pratt & Whitney plants in both Middletown, Connecticut and in San Antonio, he claims he was โsummarily suspendedโ and later, โwrongfully terminatedโ by the government.
The Whistleblower Award Could Be Huge
The lawsuit, which was filed on behalf of Bonzani and the Department of Defense (DoD), asks the court to award the Department โthree times the amount of actual damages which the United States has sustained as a result ofโ the companyโs conduct. At the same time, Bonzani also is asking for double the amount of back pay he lost when he was wrongfully terminated, in addition to interest on the back pay, legal fees, and โany and all other compensatory and special damages.โ
This could result in a very large award for both the Department of Defense and for Bonzani himself, since Pratt & Whitney has received billions of dollars in jet engine business from the Defense Department. It is also the sole supplier of engines for both the F-22 Raptor and the F-35 Joint Strike Fighter.
Under the False Claims Act, as a whistleblower for the Department of Defense, Peter J. Bonzani will be entitled to between 15 and 30 percent of whatever the government recovers from the lawsuit. While he has claimed that was not his motivation for filing suit, with a possible settlement in the hundreds of millions of dollars, if not more than a billion, such a reward should serve as an incentive to others to report any possible fraud they see perpetrated against taxpayers at any level.