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Anham Fights Against False Claims Allegations

In 2014, Anham FZCO ("Anham"), a United Arab Emirates-based food supply contractor for the U.S. military in Afghanistan, was accused of misleading the government about the construction of a warehouse and its transportation of goods through Iran. Anham currently holds an $8.1 billion vendor contract with the U.S. Department of Defense ("DOD"). One of Anham's competitors, Supreme Foodservice CmbH ("Supreme"), which had previously held that contract but was convicted of defrauding the government in 2014, brought forth claims that Anham also violated the False Claims Act ("FCA").

According to Supreme, Anham was awarded the contract by misleading the government. Specifically, Supreme alleged Anham staged photographs of the construction of a warehouse in order to mislead the government. Furthermore, Supreme claims that Anham shipped materials for the warehouse construction through Iran, which violated the U.S. trade sanctions against Iran. Despite certifying in the signed contract that it was in compliance with relevant sanctions, Anham never informed the government of this trade and attempted to conceal it entirely.

The government declined to intervene in January of this year, and thereafter the complaint became available to the public. Subsequently, on April 6, 2017, Anham responded to Supreme's accusations. Noting that Supreme had already sought to overturn Anham's contract with the government, but had failed in its efforts. As for the photographs of the "sham" construction site, the contract solicitation did not require a warehouse to be built ahead of time, the government allegedly knew that construction of the warehouse was behind schedule and construction was paused until the contract was finalized. Anham also argued that the U.S. trade sanctions violation claim did not clearly specify which provisions of law were violated, nor did the claim give specific examples of the alleged violation of Iranian sanctions.

The legal team at SFMS has significant experience litigating FCA matters. If you have any questions regarding this subject or this posting, please contact Nick Lussier ([email protected]) or Chiharu Sekino ([email protected]). We can also be reached toll-free at (866) 540-5505.

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Jahner, Kyle. "Afghan War Food Contractor Says FCA Suit Thin On Details." Law360. Last modified on April 7, 2017.

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