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Company: Gen Digital Inc.
Current Parent Company:
Gen Digital Inc.
Parent at the Time of the Penalty Announcement:
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Penalty: $55,100,000
Year: 2024
Date: December 2, 2024
Offense Group: government-contracting-related offenses
Primary Offense: False Claims Act and related
Mega-Scandal:
Federal Contractor Abuses
Violation Description: Gen Digital Inc. (formerly known as Symantec Corp.), located in Tempe, Arizona, paid $55.1 million to satisfy a judgment, concluding a decade of False Claims Act litigation. The judgment required the company to pay $16.1 million in damages and $36.8 million in civil penalties, plus post-judgment interest and costs. Following a four-week bench trial in February and March 2022, the trial court found Symantec liable for making knowing false claims to the United States when it mispresented its commercial sales practices during the negotiation and subsequent performance of a General Services Administration (GSA) contract. In particular, the court concluded that Symantec made false statements to GSA during contractual negotiations in 2006 and early-2007 and continued to falsely certify throughout the performance of the contract through Sept. 30, 2012, that its disclosures of its commercial sales practices were current, accurate and complete. The false disclosures induced GSA to accept and then continue to pay higher prices than it would have had it known of Symantec's actual commercial pricing practices. Gen Digital's payment ended a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government's recovery. The Act permits the United States to intervene and take over responsibility for litigating these cases, as the United States did here. The qui tam case is captioned United States ex rel. Morsell v. Symantec Corp., Civ. A. No. 12-0800 (DDC), and was brought by Lori Morsell, who administered the contract at issue for Symantec.
Level of Government: federal
Action Type: agency action
Agency: Justice Department Civil Division
Civil or Criminal Case: civil
HQ Country of Current Parent: USA
HQ State of Current Parent: Arizona
Ownership Structure of Current Parent: publicly traded
Major Industry of Current Parent: information technology
Specific Industry of Current Parent: cyber security products
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