Former DOE engineer settles claims over dual employment and fraud

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Ryan Ellison, U.S. Attorney for the District of New Mexico | Department of Justice

Former DOE engineer settles claims over dual employment and fraud

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A former Department of Energy (DOE) engineer has agreed to pay $165,000 to resolve allegations that he secretly held jobs with Air Force contractors while employed full-time at the DOE’s Sandia Field Office in Albuquerque.

According to the U.S. Attorney's Office, Jose A. Nieves worked as an engineer at the Sandia Field Office when, between April 2021 and September 2021, he allegedly took a second job with Pacific Architects and Engineers (PAE), an Air Force contractor. After leaving PAE, authorities say Nieves secured another contractor position with Arctic Slope Regional Corporation (ASRC) from September 2021 through July 2022—all while remaining on the DOE payroll.

The government alleges that Nieves lied during his applications for both contractor positions by claiming he had left his federal job when he had not. Investigators determined that Nieves submitted false timesheets to PAE, ASRC, and DOE—filing 19 fraudulent timesheets with PAE, 24 with ASRC, and 33 with DOE—so that he could claim full-time hours at each employer for overlapping periods. This allowed him to collect two government-funded paychecks simultaneously.

The U.S. Attorney's Office reported that the contractors paid Nieves based on these falsified records and then sought reimbursement from the government, leading to improper use of taxpayer funds.

Under a settlement agreement announced today by U.S. Attorney Ryan Ellison, Nieves will repay $165,000 to the United States. Of this amount, $156,799.22 is restitution for improper payments received.

“The U.S. Department of Energy’s Office of Inspector General supported the Government’s investigation,” according to the announcement from Ellison’s office.

The investigation was led by Assistant United States Attorney Sean M. Cunniff along with auditors Phillip Stella and Julie Chappell and criminal investigators from the Air Force Office of Special Investigations.

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