United States Attorney Zachary A. Cunha today announced the verdict of a federal criminal and civil investigation into Barletta Heavy Division, Inc., the Massachusetts construction company responsible for building the Route 6/10 interchange project. and about former project inspector Dennis Ferreira. .
These resolutions include criminal proceedings, a civil resolution to recover more than twice the amount the government paid for the conduct, and a non-prosecution agreement with the construction company.
Federal investigations into the contracting and procurement of portions of the federally funded 6/10 Project focused on misrepresentations by the project manager and the company regarding the project, as well as billing to the federal government for rock and dirt transported from locations in Boston and Pawtucket and used as fill in portions of the 6/10 Project. This filling, which had to be used either in its original location or which had to be further tested and handled, did not meet the requirements of the contract.
Ferreira, former project manager, pleads guilty in federal court to perjury; Under a separate agreement, Barletta will pay $500,000 in criminal fines, make $1,000,000 in restitution to the government, make factual admissions, and take several monitoring, reporting and compliance measures.
“When federal tax dollars are at work in our communities, we expect the government to get what it bargains for,” said U.S. Attorney Cunha. “That did not happen in this case. Today’s resolution should serve as a reminder to any company or company official that when the government foots the bill, there are consequences for making false statements.
As part of the resolution, detailed in documents filed in federal court, Ferreira will plead guilty to an information charging him with three counts of making a false statement in connection with a federally funded highway project. These charges stem from Ferreira’s decision to import rail ballast (loose rock) from the Barletta project site in Massachusetts and soil from the Pawtucket/Central Falls Rail Station and Buss Hub Project, a separate Barletta site in Rhode Island, 6/10 Project used as fill. The notification states that
In July 2020, Ferreira submitted an environmental report to the Rhode Island Department of Transportation (RIDOT) that falsely represented the origin and environmental quality of the rock imported from Massachusetts.
In September 2020, in meetings with Federal Highway Administration (FHWA) and RIDOT officials, Ferreira misrepresented the origin and environmental quality of the imported stone and falsely claimed that the project did not use any material imported from Pawtucket. and
Ferreira allegedly sent a letter to RIDOT officials falsely stating that the stone imported from Massachusetts had been tested before being brought to Rhode Island.
The United States has separately entered into a non-prosecution agreement with Barletta Heavy Division, Inc. regarding false statements made to FHWA and RIDOT officials in the summer of 2020. The purpose of these allegations was to conceal the fact that Barletta had imported regulated material in violation of the Soil and Materials Management Plan that was part of the contract governing the 6/10 project. Under the agreement, Barletta will accept responsibility for the actions of its employees and admit facts that constitute false statements in connection with a federally funded highway project. In addition to paying a $500,000 criminal fine, the agreement requires Barletta to implement continuous monitoring, reporting and compliance measures for three years; failure to comply with these conditions will make the company liable for the conduct set out in the agreed statement of circumstances.
In addition, Barletta has entered into a False Claims Act settlement that resolves allegations that the company knowingly submitted claims for work related to the project related to the removal of dirt that did not meet contract requirements, in violation of federal and Rhode Island law. state false claims laws. Barletta will pay the government $1,000,000, which is more than double the amount the government paid due to related claims.
U.S. Attorneys Dulce Donovan and Bethany Wong are handling the prosecution and litigation of these cases.
The cases were investigated by the U.S. Department of Transportation, Office of Inspector General and the U.S. Department of Labor, Office of Inspector General, with assistance from the Law Enforcement Division of the Rhode Island Division of Environmental Management.
