Today, a Federal Judge accepted a guilty plea to destruction of records in a federal investigation from a former employee of a contractor that provided operation and maintenance services to the U.S. Army Corps of Engineers for U.S. military installations in South Korea.
Office of Public Affairs USA : According to the information filed in the Western District of Texas, in or about July 2021, David Cruz, 37, deleted text messages with Hyuk Jin Kwon and Hyun Ki Shin. Kwon and Shin were separately charged ?for fraud and conspiring to rig bids and fix prices on millions of dollars in maintenance and repair subcontracting work provided to the U.S. Army Corps of Engineers in South Korea and remain fugitives. At Kwon’s suggestion, Cruz deleted text messages after receiving a litigation hold notice from his employer requiring him not to destroy or delete communications. Cruz then covered up the deletion of those text messages after being specifically advised by his employer that there was an ongoing federal investigation.
In the deleted text messages, Cruz discussed with Kwon and Shin the need to get additional bids from their competitor to satisfy the U.S. Army Corps of Engineer’s competitive bidding requirements for subcontract work. Kwon had previously told Cruz that Cruz should contact him instead of requesting bids directly from Kwon’s competitors.
“The Procurement Collusion Strike Force’s commitment to safeguard taxpayer dollars from collusion and fraud is unwavering,” said Director Daniel Glad of the Justice Department’s Procurement Collusion Strike Force (PCSF). “The Antitrust Division will not hesitate to prosecute individuals who unlawfully impede our investigations by destroying or covering up evidence.”
“Bid rigging and other acts of fraud against the U.S. Army not only undermine the integrity of critical procurement efforts but also put our Soldiers at risk by providing them capabilities and services which do not meet the high standards necessary to maintain peak lethality,” said Special Agent in Charge Michael DeFamio of the Department of the Army Criminal Investigation Division (Army CID), Far East Field Office. “Army CID is grateful for the collaborative efforts of our federal partners at the FBI and the Department of Justice, and we will continue to identify, investigate, and hold accountable those who attempts to defraud the U.S. Government, regardless of where they are in the world.”
“The Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is steadfast in its mission to protect taxpayer funds from fraud and collusion,” said Special Agent in Charge Stanley Newell of DCIS’ Transnational Field Office. “We are equally committed to relentlessly pursuing those who attempt to obstruct our investigations through the destruction or concealment of evidence.”
“Mr. Cruz knowingly destroyed records that were part of an ongoing criminal investigation and has now acknowledged his crime” said Assistant Director in Charge Akil Davis of the FBI Los Angeles Field Office. “The FBI is committed to holding accountable military contractors who flout the bidding process and intentionally destroy evidence of their guilt.”
Destruction of records in a federal investigation carries a maximum penalty of 20 years in prison and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other relevant factors.
The Antitrust Division’s Washington Criminal Section, Army CID, DCIS, and the FBI investigated the case.
Assistant Chief Daniel E. Lipton and Trial Attorney Daniel P. Chung of the Antitrust Division prosecuted the case with assistance from Assistant U.S. Attorney Matthew B. Devlin for the Western District of Texas.
In November 2019, the Justice Department created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government — federal, state and local. To learn more about the PCSF, or to report information on bid rigging, price fixing, market allocation and other anticompetitive conduct related to government spending, go to www.justice.gov/procurement-collusion-strike-force. Anyone with information in connection with this investigation can contact the PCSF at the link listed above.
