Agility today announced a settlement in the criminal case involving the U.S. government food-supply contracts that the company held from 2003 to 2010 (the “Prime Vendor Contracts”).

In the criminal portion of the case, Agility agreed to plead to a misdemeanor in connection with a single invoice valued at $551 (KD 167). The misdemeanor is a minor offense, unrelated to any of the original criminal charges, requiring Agility to pay a maximum of $551 (KD 167) in restitution, but no criminal fine.

Agreement to settle the criminal portion of the case is conditional upon Agility signing a separate agreement with the U.S. Department of Justice resolving the pending civil case captioned United States of America, ex rel, et al. v. the Public Warehousing Company, et al., Case No. 1:05-cv-02968-TWT. Any agreements will be subject to final District Court approval.

A settlement, once finalized, will resolve all outstanding criminal issues with the U.S. government in connection with the Prime Vendor contracts for Agility, its affiliates, employees, directors, and officers. The civil proceedings with the U.S. Department of Justice in connection with the Prime Vendor Contracts remain pending.

Separately, Agility also entered into settlement agreements with the Defense Logistics Agency resolving all pending and potential administrative claims between Agility and DLA involving the Armed Services Board of Contract Appeals, and resolving Agility’s suspension from federal government contracting.

The DLA agreements are conditional upon Agility signing a further settlement agreement with the U.S. Department of Justice resolving the pending civil case.

These agreements, once made effective, will allow Agility to resume pursuit of new U.S. government contracts. Under the terms of the settlement, the U.S. government has agreed to remove Agility and its subsidiaries and affiliates from the list of suspended companies on its System for Award Management (SAM) database, formerly known as the Excluded Parties List System (EPLS), within 60 days.

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