MINNEAPOLIS – United States Attorney Andrew M. Luger today announced that DOW CHEMICAL CO. has agreed to pay $456,665.42 for alleged violations by its former subsidiary, POLY CARB, INC., of the federal False Claims Act and the Minnesota False Claims Act, by falsifying testing results in connection with several road construction projects administered by the Minnesota Department of Transportation, many of which were federally funded.
According to the allegations, between 2012 and 2015, POLY CARB, INC. provided enamel paint products for several road construction projects, many of which were federally funded, throughout the State of Minnesota. All such projects are required, by law and contract, to be performed in accordance with detailed terms and specifications using only approved materials subject to a rigorous testing and certification process. The government contends POLY CARB, INC. failed to follow contract specifications and applicable rules by fabricating test results and forging signatures and documentation for its enamel products, thus making materially false claims and statements in connection with its purported testing. The proceeds of the settlement will be divided by the federal and state governments according to the original funding of the projects.
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