Department of Homeland Security Contractor Agrees to Pay $3.9M to Resolve Alleged Violations of the False Claims Act

Zephyr Aviation LLC, located in Mineral, Virginia, and its owners Frederick Credno Jr. and Frederick W. Credno III have agreed to pay $3,901,000 to resolve allegations that they violated the False Claims Act by submitting inflated invoices for aviation contracts to the Department of Homeland Security (DHS).

"Companies that do business with the government are expected to charge the United States accurately for the goods and services they provide," said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. "The Department will continue to pursue those who knowingly overcharge the government at the expense of the American taxpayers."

"With this settlement, we are sending a clear message that committing fraud in federal contracts will be met with significant sanctions against those defrauding the American taxpayer," said Inspector General Joseph V. Cuffari of the Department of Homeland Security Office of Inspector General (DHS-OIG). "I commend our law enforcement partners and the Department of Justice's Civil Fraud Section for tirelessly pursuing this investigation to hold these individuals accountable."

"This settlement showcases CBP OPR's ongoing commitment to accountability and integrity," said Acting Assistant Commissioner Robert B. Danley of the Customs and Border Protection (CBP) Office of Professional Responsibility. "Today's settlement reaffirms our duty to protect taxpayers and hold accountable those who take advantage of our government programs."

This settlement resolves allegations pertaining to contracts with DHS under which Zephyr chartered flights to transport persons in the custody of CBP between 2022 and 2025. In connection with these contracts, Zephyr subcontracted with various aircraft operators to fly the required flights, and Zephyr submitted invoices to CBP purportedly based on the required flight times. The United States alleged that Zephyr and its owners routinely submitted invoices to DHS that requested payment for flight hours that exceeded the actual flight times of the aircraft operators.

The resolution obtained in this matter was the result of a coordinated effort among the Justice Department's Civil Division, Commercial Litigation Branch, Fraud Section, U.S. Customs and Border Protection, and DHS Office of Inspector General. The matter was handled by Trial Attorney Daniel W. Kastner of the Fraud Section.

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