Illinois Precision Machining Company Agrees to Pay $421,234 to Resolve Alleged False Claims Act Violations

Note: View settlement here.

Swiss Automation Inc. has agreed to pay $421,234 to resolve alleged False Claims Act violations relating to its failure to provide adequate cybersecurity for certain drawings of parts that the company machined and supplied to Department of Defense (DoD) prime contractors. Swiss Automation is an Illinois precision machining business that supplies alloy and metal parts to commercial and government customers in many industries, including DoD prime contractors and subcontractors.

The settlement resolves allegations that Swiss Automation caused the submission of false claims by not providing adequate cybersecurity to safeguard certain drawings of parts that the company machined and supplied to DoD prime contractors. Swiss Automation allegedly knew that the requirement to provide adequate security by implementing certain cybersecurity controls applied not only to DoD prime contractors, but also to subcontractors and suppliers to the prime contractors. The obligation to implement security controls specified in National Institute of Standards and Technology Special Publication 800-171 (NIST SP 800-171) to protect certain DoD information has applied to DoD contracts, subcontracts, and similar contractual instruments since 2017 and will continue under the Cybersecurity Maturity Model Certification (CMMC) program that DoD recently finalized.

"As cyber threats continue to evolve, suppliers to defense contractors must be vigilant and take the steps required to protect sensitive government information from bad actors," said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. "We will continue our efforts to hold defense contractors, subcontractors, and suppliers accountable when they fail to honor their DoD cybersecurity commitments."

"Cybercriminals are increasingly targeting government contractors to steal sensitive and valuable information in their possession," said U.S. Attorney Andrew S. Boutros for the Northern District of Illinois. "Defense contractors in particular must maintain robust safeguards against these threats through stringent compliance with federal cybersecurity regulations. The U.S. Attorney's Office in Chicago will continue to work closely with our law enforcement and agency partners to ensure that government contractors protect sensitive information and critical infrastructure in compliance with federal laws and regulations."

"Protecting our nation's security includes protecting its data. As cyber threats become more sophisticated, defense contractors, subcontractors, and suppliers must do their part to safeguard sensitive government information," said Special Agent-in-Charge Jason Sargenski, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. "We will hold contractors, subcontractors, and suppliers accountable when they fall short of their cybersecurity obligations to the Department of Defense."

The settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the government when a defendant has submitted or caused to be submitted false claims for government funds and receive a share of any recovery. The settlement in this case provides for the whistleblower, Jaime Gomez, a former quality-control manager at Swiss Automation, to receive $65,291 as his share of the settlement. The qui tam case is captioned United States ex rel. Gomez v. Swiss Automation Inc., No. 1:22-cv-4328 (N.D. Ill.).

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, and the U.S. Attorney's Office for the Northern District of Illinois, with assistance from DCIS, and the Army Criminal Investigation Division.

The matter was handled by Senior Trial Counsel Gregory Pearson of the Justice Department's Civil Division and Assistant U.S. Attorney Kathryn Kelly for the Northern District of Illinois.

The claims resolved by the United States in the settlement are allegations only. There has been no determination of liability.