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Justice sues bulletproof vest manufacturer for false claims

By Katherine McIntire Peters kpeters@govexec.com August 13, 2009

Last week the Justice Department filed a lawsuit against Braintree, Mass.-based First Choice Armor and Equipment, along with the company's founder and president, for submitting false claims for bulletproof vests purchased with federal funds for federal, state, local and tribal law enforcement agencies.

The suit is the latest development in an ongoing investigation involving inspectors general and criminal investigators from the General Services Administration and the Defense, Homeland Security, Justice, State and Treasury departments.

The defective vests were sold between 2000 and 2005. A Justice spokeswoman could not say how many still might be in use or by which agencies.

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At issue is First Choice Armor's use of a product called Zylon, a fiber manufactured by Toyobo Co. and used by First Choice Armor and other companies to produce bulletproof vests. Zylon degrades quickly, especially in hot and humid conditions.

Justice previously filed suits against Toyobo Co., Second Choice Body Armor and Honeywell International Inc., which also manufactured Zylon vests or components for them. Five other companies have settled suits with Justice for more than $47 million.

The department maintains that First Choice Armor and its founder knew about problems with Zylon fiber that made it unsafe for ballistic use at the time the company was selling the vests to law enforcement agencies. When the department's National Institute of Justice tested eight of First Choice's bulletproof vests in 2005, all failed.

The lawsuit accuses the company's founder, Edward Dovner, and president, Karen Herman, with fraudulent conveyance -- a transfer of property that is made to swindle, hinder or delay a creditor -- in violation of the 1990 Federal Debt Collection Procedures Act. Dovner and Herman are married.

"The government alleges that after learning of the investigation into Zylon bulletproof vests, Mr. Dovner and Ms. Herman removed more than $5 million from First Choice. Mr. Dovner then purchased a Ferrari, a Maserati and a private jet through various shell companies," according to a statement issued by Justice.

In a statement, First Choice Armor said the claims are without merit and the company will defend itself in court.

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COMMENTS

  • Tip Off- SMART COMMENTS! Brand new plates work very well. Throughout even one deployment, these plates may be exposed to extreme heat and radical temperature changes, day-to-day. They may be dropped 10 feet off the back of a 7-ton truck or any other situation (I have lived through all of this). Cumulative time and effects are the most important considerations- AND, as you further pointed out- the Military has ALWAYS done the best it could to field this gear as fast and as safe as possible. As for the owner buying all of his new toys, sounds more like a case of simple dumbass to me. Why buy lots of toys if you know you're going out of business and will be chased down and thrown in jail? Bob Posted August 22, 2009 3:20 PM
  • If these claims are false and without merit, let the officers, agents and military memebers who wore the vest to ramdomly select vest for these two to wear and then see if they are will to trust their lives to their vests. Steve Posted August 20, 2009 9:38 AM
  • Unbelievable, what will happen to those authorized the buys to these pseudo-companies? Why not tested before buying? It is a shame that our people, those who work really hard to keep us safe are in serious danger. It is a shame. Lukin4u Posted August 20, 2009 7:03 AM
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