Wheelchair Transport Service (WTS) Inc. and several of its stockholders are facing a qui tam lawsuit from a transportation industry expert, alleging the company had deceived the United States Department of Veterans Affairs (VA) when winning a bid in the Tampa Bay area.

Originally filed in 2016 under seal, the qui tam lawsuit was unsealed on Jan. 15 after the U.S. Department of Justice intervened. Relator Bernard S. alleges WTS intentionally misrepresented certain facts in its bid to get a contract from the Veterans Affairs office in the Tampa Bay area, including how its funds would be allocated to pay employees.

Bernard filed this qui tam lawsuit after discovering the alleged fraud when posing as a potential driver for WTS. According to the complaint, Wheelchair Transportation Service is a non emergency “handicab” company that provides wheelchair and stretcher ground service transportation for at least the last six years under contract with the VA Healthcare System in the U.S Department of Veteran Affairs.

More specifically, this transportation was designated for non-emergency purposes for patients in the seven-county area of West Central Florida within the Bay Pines VA Healthcare System.

Overview of Whistleblower Allegations

Bernard alleges this contract was won illegally during the bidding process that determined which company the VA would have contracted for this service.

According to the claim, Bernard and his company EMT US Inc. had placed a bid to work with the U.S. Department of Veteran Affairs in 2007. Bernard’s company allegedly lost the contract to WTS after the latter company underbid EMT US by $1 million.

Bernard reportedly thought this was strange because he did not see how it was possible for WTS to complete the contract for so much less money, and had started his own investigation. According to the claim, Bernard posed as a potential applicant for a driver job with WTS.

During his time at the company’s office, he was reportedly advised the company hired “independent contractors” rather than employee drivers and that he would be expected to pay $700 a week to “lease” on the company’s vehicles.

This policy contradicts the terms of its contract with the federal government, which states that part of the contract price would be delegated to fair pay for its drivers. WTS allegedly failed in both these accounts, as they could not confirm if all of their drivers performed the work promised in the contract.

Bernard claims WTS made false and misleading statements in their bid to get the contract with the U.S. Department of Veteran Affairs, and he filed a qui tam action to seek damages. Along with WTS, company members and stockholders John M. Williams, George B. Williams, and Andrew G. Williams are named as defendants in this qui tam lawsuit.

Under federal whistleblower laws, Bernard may be eligible to receive up to 30 percent of whatever money is recovered, whether through a settlement or a court judgment. is collected, as provided by federal whistleblower laws.

Under the False Claims Act, whistleblower provisions protect employees from workplace retaliation, and companies could face serious legal consequences if found liable for such violations. Acts of whistleblower retaliation may consist of any threats or behavior that make for a hostile work environment, such as wrongful termination or blacklisting.

This Qui Tam Lawsuit is Case 8:16-cv-01467-JDW-M P, in the U.S. District Court of Middle Florida, Tampa Division.