United States of America v. KDHK, Inc., doing business as Allegiance Environmental Services, Kenneth Flores, Irma E. Flores, and Christopher A. Flores

District Court, W.D. Texas·Decided April 28, 2026·No. 5:24-cv-01023·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

UNITED STATES OF AMERICA, § § § Plaintiff, §

§ v. § Case No. 5:24-CV-1023 § KDHK, INC., doing business as § Allegiance Environmental Services, § KENNETH FLORES, IRMA E. FLORES, § and CHRISTOPHER A. FLORES, § § Defendants.

MEMORANDUM OPINION AND ORDER Before the Court is Plaintiff’s Motion for Summary Judgment, (ECF No. 27). Defendant Christoper A. Flores filed a Response, (ECF No. 35), to which Plaintiff filed a Reply, (ECF No. 36). Upon due consideration of the briefings, the summary judgment evidence presented, and the applicable law, Plaintiff’s Motion for Summary Judgment, (ECF No. 27), will be GRANTED- IN-PART AS TO LIABILITY AND DENIED-IN-PART AS TO DAMAGES. I. FACTUAL BACKGROUND This action arises out of a conspiracy to unlawfully obtain two government contracts for housekeeping services at U.S. Army medical centers. See, generally, ECF No. 1. The two con- tracts at issue are referred to in the briefings as the Madigan Army Medical Center Contract (“MAMC Contract”) and the Tripler Army Medical Center Contract (“TAMC Contract”). Id. at 5. A. The MAMC Contract Per the Complaint, on October 15, 2014, the U.S. Army Medical Command at Fort Sam Houston, Texas, awarded the MAMC Contract to HHI Services Inc. (“HHI”), a non-profit entity

controlled by the Flores family. ECF No. 1 at 5. The remaining defendant in this action, Defend- ant Christopher A. Flores (“Defendant Chris Flores”), served as HHI’s Vice President. Id. at 3. On October 29, 2014, Madigan Army Medical Center employee Karisa Kelly (“Kelly”) became the Contracting Officer’s Representative (“COR”) 1 on the MAMC Contract. Id. at 6. Around December 2014 or January 2015, Defendant Kenneth Flores (“Kenneth Flores”) and Kelly entered into a romantic relationship. Id. at 6. As alleged, beginning no later than January 2018, Kelly began to work surreptitiously with Kenneth Flores and other members of the Flores family to assist HHI with drafting and pre- paring a Request for Equitable Adjustment (“REA”) 2 on the MAMC Contract. Id. at 7. At Ken-

neth Flores’s request and direction, Kelly devised a strategy for HHI to persuade the relevant government personnel to award an additional $2.7 million to HHI by way of the REA. Id. at 7. On February 16, 2018, Kelly sent an email from her Army email account to her personal email account, attaching draft wording for the justification for the REA. Id. at 7. Kelly prepared the draft justification language while on the phone with Kenneth Flores. Id. at 7. Kelly’s draft

1 The COR is a military or civilian employee of Plaintiff authorized by the contracting officer to perform specific technical and administrative functions. Id. at 6. 2 An REA is a request from a contractor to a contracting officer for an equitable change to the contract price based on a change to the contract requirements. If the contracting officer agrees with the requested adjustment, the contract will be modified. Id. at 7. proposed an additional $179,000 per month to go toward direct labor costs and hiring additional housekeepers and employees due to the implementation of MHS Genesis.3 Id. at 7. The U.S. Army granted the REA in September 2018 and in total—between October 10, 2018, and August 5, 2019—Plaintiff remitted $2,735,550.37 to HHI under the MAMC Contract REA. Id. at 10. Later, Plaintiff learned HHI did not actually hire additional housekeepers and

employees due to the implementation of MHS Genesis. Id. at 8. These were fictitious labor costs and the money requested instead represented additional, illicit profits for HHI. Id. at 8. B. The TAMC Contract On August 1, 2018, the U.S. Army Health Contracting Agency at Fort Sam Houston, Texas, awarded the TAMC Contract to Defendant KDHK Inc., doing business as Allegiance En- vironmental Services (“AES”), another entity controlled by the Flores family. ECF No. 1 at 3. John Jordan “Chip” Mathes (“Mathes”) was the Chairperson of the Source Selection Evaluation Board4 for the TAMC Contract, which met in San Antonio from on or around Febru- ary 26, 2018, through on or around March 30, 2018. Id. at 13. At the time, Mathes was a U.S.

Army employee who served as the Regional Hospital Housekeeping Officer overseeing healthcare housekeeping and environmental services at Army medical facilities in the Pacific. Id. at 13. Kelly, Kenneth Flores’ romantic partner, who was still a U.S. Army employee in early 2018, was also a member of the Source Selection Evaluation Board. Id. at 13. At some point, Kenneth Flores and Mathes entered into an agreement whereby Mathes would use his position as a government employee to help AES obtain the TAMC Contract. Id. at 13. Mathes provided Kenneth Flores with information to assist AES in unlawfully obtaining the

3 MHS Genesis is the Military Health System’s new electronic health records system, which was first implemented at MAMC and other military medical facilities in the Pacific Northwest on or about February 7, 2017. Id. at 8. 4 A Source Selection Evaluation Board is a group of military and/or civil personnel who are responsible for evaluat- ing proposals submitted in response to a solicitation for a Federal procurement contract. Id. at 13. TAMC Contract. Id. at 13. For example, Mathes provided Kenneth Flores multiple versions of the Independent Government Cost Estimate (“IGCE”) 5 for the TAMC Contract. Id. at 13. Mathes did not provide the IGCE to any other companies submitting bids for the TAMC Contract. Id. at 14. Kenneth Flores received the IGCE knowing it was not provided to other competitors. Id. at 14. He transmitted it to his brother, Defendant Chris Flores, for use in prepar-

ing AES’s bid to obtain the TAMC Contract. Id. at 14. AES used the non-public information provided by Mathes to tailor its proposal to meet the criteria that the Source Selection Evaluation Board would use when it convened to determine the qualified bidders for the TAMC Contract. Id. at 14. AES also used the IGCE to propose near- ly the highest possible price while remaining within Plaintiff’s internal budget. Id. at 14. AES’s proposed price was within 0.3% of the updated IGCE provided by Mathes to Kenneth Flores in February 2018. Id. at 14. AES’s proposed contract price was the highest of any bidder for the TAMC Contract. Id. at 14. Kenneth Flores and Kelly also entered into an agreement whereby Kelly would use her

position as a government employee to help AES obtain the TAMC Contract. Id. at 15. Kenneth Flores told Kelly he would take care of her if AES won the TAMC Contract. Id. at 15. Both Mathes and Kelly ultimately used their influence on the Source Selection Evalua- tion Board to steer the TAMC Contract to AES. Id. at 15. In total, Mathes and Kelly disqualified nine other offeror’s proposals as “unacceptable” and recommended that only AES be deemed

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United States of America v. KDHK, Inc., doing business as Allegiance Environmental Services, Kenneth Flores, Irma E. Flores, and Christopher A. Flores, (W.D. Tex. 2026).

United States of America v. KDHK, Inc., doing business as Allegiance Environmental Services, Kenneth Flores, Irma E. Flores, and Christopher A. Flores (United States of America v. KDHK, Inc., doing business as Allegiance Environmental Services, Kenneth Flores, Irma E. Flores, and Christopher A. Flores) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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