Sealed Federal Whistleblower Lawsuit Against Barletta for 6/10 Contamination Unveiled

GoLocalProv News Team

Sealed Federal Whistleblower Lawsuit Against Barletta for 6/10 Contamination Unveiled

Barletta's CEO Vincent Barletta and RIDOT Director Peter Alviti PHOTOS: GoLocal, State of RI
The key document of the federal whistleblower complaint filed by James White, President of Local 57 of the International Union of Operating Engineers against Barletta Heavy Division, has now been secured by GoLocalProv.

The claim was under court-ordered seal for approximately two years.

White’s lawsuit constitutes a federal civil action. GoLocal was first to unveil the 6/10 contamination in the Olneyville neighborhood in September 2020.

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The contamination took place under the oversight of the Rhode Island Department of Transportation, and its Director, Peter Alviti, repeatedly lied in statements to the media that there was no contamination.

 

SEE BELOW: Who Are The Players—Contamination at $410 Million 6/10 Project

 

The federal settlement with Barletta was then first reported by GoLocal in October. The documents unveiled today outline the $1 million civil action of a total $1.5 million in penalties.

In addition, Barletta supervisor Dennis Ferreira has agreed to plea to three counts. Count I is that Ferreira made false statements to the government on the quality of work done; Count II is that Ferreira made false statements that work was completed and Count III is about the character and quality of the work performed. He was in federal court for an arraignment on October 31.

In addition, Rhode Island Attorney General is poised to take action with state charges against Barletta. The investigation has been going on for more than two years.

 

Union Leader and Whistleblower James White
Settlement Agreement Unsealed

White’s whistleblower action was a "qui tam" action.

“In a qui tam action, a relator brings an action against a person or company on the government's behalf. The government, not the relator, is considered the plaintiff. If the government succeeds, the relator bringing the suit receives a share of the award,” according to Cornell Law.

White is the "relator" in this instance. 

According to the settlement, “On January 15, 2021, James White filed a qui tam action in the United States District Court for the District of Rhode Island, captioned United States ex rel. James White and State of Rhode Island ex rel. James White v. Barletta Heavy Division, Inc., and 6/10 Constructors Joint Venture, O & G Industries, Inc., D.W. White Construction, Inc., and Aetna Bridge Co., pursuant to the qui tam provisions of the False Claims Act…”

"The Civil Action alleged that Barletta caused the submission of false claims to the government in connection with the Reconstruction of the Route 6/10 Interchange (“6/10 Project”), awarded to Barletta and other members of the 6/10 Joint Venture by the Rhode Island Department of Administration, and in connection with the Pawtucket/Central Falls Rail Station and Bus Hub Project (“Pawtucket Project”). More specifically, the complaint alleges that in 2020, Barletta improperly moved contaminated soil from the Pawtucket Project to the 6/10 Project, for use during construction at the 6/10 Project site, rather than disposing of the contaminated soil as required by the contract. The complaint further alleges that Barletta also brought contaminated soil from a different construction project in Massachusetts to the 6/10 Project site. The complaint alleges that the contamination levels in the soil that was improperly moved to the 6/10 Project exceeded the contamination limits set for the project by the Rhode Island Department of Environmental Management. The complaint further alleges that Barletta sought payment for work on both projects, certifying that the work was being completed in compliance with the contract requirements, while knowing that the environmental requirements were not being met. The complaint further alleges that Barletta made false statements to the Rhode Island Department of Transportation (“RIDOT”) regarding the contamination of the soil that had been moved. RIDOT has oversight and administration of both projects, and both construction projects are funded by the USDOT," states the settlement.

 

Investigation by RIDEM on contaminated soil at the Pawtucket - Central Falls Train Station Project PHOTO: Nov, 2020 by GoLocal

Contamination From MA and Pawtucket/Central Falls Train Station Dumped in Olneyville 

"The United States and State of Rhode Island contend that they have certain civil claims against Barletta arising from the movement of contaminated soil as part of the 6/10 Project and the Pawtucket Project from July 2020 through September 2020, in violation of environmental requirements. Specifically, during this period, Barletta moved soil to the 6/10 Project that exceeded the contamination limits set forth by the Rhode Island Department of Environmental Management, including both moving soil from out of state to the 6/10 Project, and moving soil from the Pawtucket Project to the 6/10 Project. Barletta further falsely informed RIDOT officials that the soil used at the 6/10 Project complied with the environmental criteria for the project and submitted claims to RIDOT for the payment of construction work involving that soil performed on both projects, certifying that such payment was being performed in compliance with all contractual requirements," states the settlement.

"This Settlement Agreement is neither an admission of liability by Barletta nor a concession by the United States or the State of Rhode Island that their claims are not well founded," states the agreement.

Barletta is obligated to pay to the United States $1,000,000.00 in the “Settlement Amount” of which $424,500.00 is restitution. 

Conditioned upon the United States receiving the Settlement Amount and as soon as feasible after receipt, the United States shall pay $170,000.00 to the "relator" -- White -- by electronic funds transfer.

And, according to the settlement, Barletta and "Relator" will enter into a separate agreement with respect to Relator’s expenses, attorney’s fees, and/or costs.

This story was first published 11/29/22 1:58 PM


Who Are The Players -- Contamination at $410 Million 6/10 Project

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