FOR IMMEDIATE RELEASE CIV MONDAY, FEBRUARY 26, 1996 (202) 616-2765 TDD (202) 514-1888 PHILIPS ELECTRONICS PAYS U.S. $65.3 MILLION FOR SELLING FAULTY ELECTRONIC PARTS TO MILITARY WASHINGTON, D.C. -- Philips Electronics North America Corporation will pay the United States $65.3 million to settle claims Philips sold improperly tested capacitors and resistors to the government for a number of military and aerospace programs, the Department of Justice announced today. Assistant Attorney General Frank W. Hunger, head of the Civil Division, said the settlement was one of the largest ever involving allegations a defense contractor sold electronic components to the government that failed to meet military specifications. "This settlement reflects our continuing efforts to ensure the integrity of the military procurement process," Hunger said. "It sends the message to all government contractors that they will be held accountable for the quality of their work. "The Civil Division is grateful for the invaluable assistance of the investigators, auditors and agency attorneys who worked with us," said Hunger. "I especially want to thank the United States Attorney's office in Fort Worth, which worked closely with the Civil Division in investigating and negotiating the Texas claims." The settlement involves capacitors sold from 1983 through 1992 by Philips' Tantalum Capacitor Operation, which was headquartered in Jupiter, Florida, and resistors sold by Philips' Mineral Wells, Texas, facility in the same period. Resistors and capacitors are key electronic components in a number of military and aerospace systems, including aircraft, missiles, satellites and radar systems. The Department said the government was not aware of any field failures of such systems attributed to Philips's resistors and capacitors. Between 1983 and 1992, Philips sold millions of dollars worth of capacitors and resistors, many of which were required to be manufactured and tested in accordance with detailed military specifications. The government purchased many of these devices, either directly or indirectly through third parties such as distributors and equipment manufacturers. In today's settlement, Philips admitted that "in a significant number of instances" its Florida facility falsified test reports for capacitors and failed to report when the capacitors failed tests. Philips also admitted that certain assembly and testing processes that were required to be performed in its Florida facility actually were performed in a factory in the Dominican Republic. Philips' sale of non-conforming capacitors was the subject of a 1992 report the company submitted to the Department of Defense's Inspector General's Office under the Department's Voluntary Disclosure Program. Philips has paid the government $9.6 million in connection with that disclosure and Philips will receive a credit for that amount under today's settlement. Philips also admitted that its Texas facility sold resistors that were tested improperly, falsified some resistor test results and failed to report resistor test failures. Last June, Philips pleaded guilty to 18 criminal counts in connection with these claims and paid the government $9 million in criminal fines. Those fines are not included in today's $65.3 million civil settlement. Today's settlement resolves claims the United States could have brought against Philips under the False Claims Act, which provides that anyone who knowingly submits false claims for payment to the government is liable for treble damages plus a $5,000 to 10,000 penalty for each false claim submitted. The agreement also settles claims the government could have raised under the Lanham Act, which protects trademarks and other marks. Many of the resistors and capacitors sold by Philips bore the "JAN" certification mark as an indication they were made and tested in accordance with military specifications. "JAN," which stands for "Joint Army Navy," is a certification mark that has been owned by the government since 1948. In today's settlement, Philips admitted its use of the mark in connection with items that were improperly tested violated the Lanham Act. ##### 96-068