California Defense Contractor and Private Equity Firm Agree to Pay $1.75M to Resolve False Claims Act Liability Relating to Voluntary Self-Disclosure of Cybersecurity Violations

Defense contractor Aero Turbine Inc., of Stockton, California, and private equity company Gallant Capital Partners LLC, of Los Angeles, have agreed to pay $1.75 million to resolve their liability under the False Claims Act for knowingly failing to comply with cybersecurity requirements in an Aero Turbine contract with the Department of the Air Force. In connection with the settlement, the United States acknowledged that Aero Turbine and Gallant took significant steps entitling them to credit for cooperating with the government.

“Government contractors must follow required cybersecurity standards to protect sensitive defense information,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “When defense contractors fail to comply with cybersecurity requirements, they can mitigate the consequences by making timely self-disclosures, cooperating with investigations, and taking prompt remedial measures.”

“Every defense contractor must provide adequate security to safeguard covered defense information,” said Acting U.S. Attorney Kimberly A. Sanchez for the Eastern District of California. “We commend Aero Turbine and Gallant for disclosing the issue and promptly cooperating to address it. We encourage others to follow their example of self-reporting to resolve violations.”

“Protecting the integrity of the Department of Defense (DoD) procurement processes is a top priority for the DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS),” said Director Kelly Mayo of DCIS. “Failing to comply with DoD contract specifications and cybersecurity requirements puts DoD information and programs at risk of exploitation. DCIS will continue to collaborate with our law enforcement partners and the Department of Justice to investigate allegations of false claims on DoD contracts.”

“This case serves as a reminder that cybersecurity transcends mission sets. Ensuring companies adhere to robust cybersecurity safeguards is integral to maintaining the Air Force’s operational edge against adversaries,” said Special Agent in Charge Caroline Galinis of the Air Force Office of Special Investigations (AFOSI), Procurement Fraud Detachment 1. “AFOSI’s Procurement Fraud team, alongside investigative partner agencies and the Department of Justice, played a critical role in protecting U.S. national security interests.”

The settlement resolves the liability of Aero Turbine and Gallant under the False Claims Act for knowingly submitting or causing others to submit false or fraudulent claims for payment on a Department of the Air Force contract, which were allegedly false or fraudulent because they had not complied with the contract’s cybersecurity requirements. From January 2018 to February 2020, Aero Turbine allegedly failed to implement certain cybersecurity controls in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 that, if not implemented, could lead to significant exploitation of the system or exfiltration of sensitive defense information.

In addition, from June to July 2019, Aero Turbine and Gallant allegedly failed to control the flow of, and limit unauthorized access to, sensitive defense information by providing a software company based in Egypt with files containing such information, even though the software company and its foreign citizen personnel were not authorized to receive sensitive defense information under the Air Force contract. After learning of the issues, Aero Turbine and Gallant provided the government with multiple written self-disclosures, cooperated with the government’s investigation of the issues, and took prompt remedial action.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the Eastern District of California, DCIS, AFOSI, and the Air Force Materiel Command Law Office Procurement Fraud Division. The matter was handled by Fraud Section attorneys Robin Overby and Christopher Terranova and Assistant U.S. Attorney David Thiess.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Note: Read the Settlement here.