The U.S. Department of Justice issued a press release late today announcing a settlement in a 13-year long False Claims Act case. Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo U.S.A. Inc., f/k/a Toyobo America Inc. (collectively, Toyobo), have agreed to pay $66 million to resolve claims under the False Claims Act that they sold defective Zylon fiber used in bullet proof vests that the United States purchased for federal, state, local, and tribal law enforcement agencies.
The settlement was reached as part of a False Claims Act initiated by a whistleblower, Aaron Westrick, Ph.D.
The attorneys for Dr. Westrick issued the following release following the DOJ’s announcement:
Bullet Proof Vest False Claims Act Case Ends in Victory for Whistleblower
Attorney General Sessions Condemns Companies That Sell Defective Equipment to First Responders
Washington, D.C. March 15, 2018. The U.S. Department of Justice announced today that Japanese manufacturing company, Toyobo Co., Ltd., agreed to pay $66 million to settle allegations that it conspired to sell defective body armor to American police departments, federal law enforcement agencies and the U.S. military. The settlement was reached as part of a False Claims Act initiated by a whistleblower, Aaron Westrick, Ph.D.
As required under the False Claims Act, Dr. Westrick will obtain a qui tam whistleblower reward of $5.77 million. This award is designed to compensate Dr. Westrick for the damages he suffered and to incentivize other whistleblowers with evidence of fraud to report these crimes.
A detailed discussion on the national importance of this case is posted on The Whistleblower Blog.
Dr. Westrick, now employed as a tenured professor at Lake Superior State University in Sault Ste. Marie, Michigan and an active Michigan Deputy Sheriff, issued the following statement:
“I only wanted to stop the sale of unsafe Zylon vests to police officers, federal agents, and members of our Armed Services. I tried to convince my company to stop selling these vests. They refused. I lost my job and career. I have no regrets. I would blow the whistle again. The defective Zylon product was taken off the market and Toyobo (along with other companies) were held accountable.
“I am proud that the United States joined in my False Claims Act case, and aggressively sought justice in this matter.”
In a statement released today by the DOJ, Attorney General Jeff Sessions said:
“Bulletproof vests are sometimes what stands between a police officer and death. Selling material for these vests that one knows to be defective is dishonest, and risks the lives of the men and women who serve to protect us. The Department of Justice is committed to the protection of our law enforcement officers, and today’s resolution sends another clear message that we will not tolerate those who put our first responders in harm’s way.”
“Dr. Westrick is a true American hero. He lost his job and career in the body armor industry by exposing Zylon safety risks. He provided the crucial documents and testimony justifying the removal of Zylon from the market, and compensation to states and the federal government due to the immoral sale of Zylon vests.
“The False Claims Act is America’s most important tool to fight fraud in government contracting. It was enacted to protect and reward whistleblowers like Dr. Westrick, who sacrifice for the public interest, save taxpayers millions of dollars, and ensure that products sold to front-line responders are safe.”
Mr. Kohn also serves as the pro bono Executive Director of the National Whistleblower Center.
- United States Department of Justice press release
- Settlement Agreement with Toyobo
- Highly Contested Defective Bullet Proof Vest Case Ends in Victory for Whistleblower
*Permission granted to reprint photo of Dr. Westrick.