Follow-Up on Trade-Winds Overcharges MTA/OIG #2005-65L
In March of 2005, OIG released a report detailing $260,000 in unsupported and erroneous charges by Trade-Winds Environmental Restoration (Trade-Winds) for the disposal of waste materials generated by LIRR. In the report, OIG concluded that Trade-Winds had submitted altered and/or incorrect documents to both OIG and the Suffolk County District Attorney’s office. OIG recommended LIRR deny payment for the charges that could not be supported with corresponding manifests and invoices. 3 Subsequent to the 2005 OIG report, Trade-Winds supplied LIRR with 133 waste manifests that it claimed would verify almost $130,000 in questionable disposal charges. It also rejected the OIG report’s claim that it had overcharged nearly $100,000 for the cleanup of mercury-contaminated waste after mischaracterizing the toxicity level of the waste. OIG reviewed the documents and concluded that most – not all – of the disposal charges to LIRR remained unsubstantiated. While the manifests did support almost $28,000 in charges; $135,000 remains unsubstantiated. Sixty-one of the manifests did not pertain to the invoices they allegedly supported, (i.e. the manifest identified a different work location than the invoice). The invoices for the remaining unsupported charges either billed LIRR for more waste than the manifests indicated or claimed charges unsupported by any manifests. Trade-Winds iterated a belief that it had not overcharged LIRR for the disposal of mercurycontaminated waste. OIG looked again at the tests performed on the waste by FDNY, by Trade- Winds and by two registered waste disposal facilities and found that the waste was indeed mischaracterized by Trade-Winds to their financial benefit. Based on these findings, OIG recommended LIRR continue to withhold payment for the invoices that remain unsubstantiated. OIG further recommended that LIRR consider the information contained within this report as significant adverse information, which should be considered during any future contract negotiations with Trade-Winds and/or any of its principles.
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