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TEXT AND PHOTOCOPY
MEMORANDUM OF UNDERSTANDING
FINAL RESULTS - "QUI TAM PROCEEDS RECOVERY"
PHOTOCOPY of USCG overall success and attempt to extend agreement for fleetlife of the system.
PHOTOCOPY of proof of DOJ's work for USCG before receiving Court's permission to join the Relator's lawsuit.
| Note: |
1. |
Click on the "RED $ AMOUNTS" below to review the verifying documents. |
2. |
This lawsuit's recovery of taxpayer dollars 1 was
so successful that the USCG's chief negotiator's superior
officer issued a memorandum (Ref. #1) attempting to extend
this "negotiated settlement" contract for the entire remaining "fleet-life" of
the helicopter hardware, software and services. |
SETTLEMENT TOTAL RECOVERY 2
(Civil Action 4-88-287-E)
(Re: False Claims Act - "Disclosed" and "Undisclosed" 3 ) |
|
|
|
|
|
| DEFENDANT |
CASH |
+ |
DOJ NEGOTIATED ALTERNATE REMEDIES |
MOU REF |
HIDDEN PROCEEDS |
|
|
|
|
|
| AHC: |
$0.00 |
+ |
"...dismissed administrative claims against (the Government / USCG )..." (Ref. 2) = |
N/A
See DOJ |
$ 26,440,130.00 |
| + |
"...granted other good and valuable services to (the Government / USCG )..." (Ref. 2) = |
N/A
See DOJ |
? $'s |
|
|
|
|
|
| AL-T: |
$18,000,000.00 |
+ |
Repair Contract, Power-by-the-Hour ("PBTH").
(USCG's "...meat of the settlement...") = |
Para. 2.B.13 |
$ 37,920,000.00 |
| + |
Free engines repairs @ 25. = |
Para. 2.C.1. |
$1,300,000.00 |
| + |
Cancelled spare parts orders. = |
Para. 2.B.17 |
$34,435,191.19 |
| + |
Spare parts returned for full credit as GFE. = |
Para. 2.B.26(c) |
$13,824,929.36 |
| + |
Liquidated Damages. = |
Para. 2.B.24 |
$437,481.40 |
| + |
Misc - other itemized services. =
(Minus exclusions) |
|
$35,000,000.00
(-$4,996,236.28) |
| + |
Fleetlife savings
(Est. = $10,000,000.00/Yr x 6 Yr)
(Fleetlife = $10,000,000/Yr x 30 Yr). = |
USCG
Memo |
? $
(Est.=$300,000,000) |
|
|
|
|
| TOTAL = |
$18,000,000.00 |
+ |
Estimated "Alternate Remedies" Recovery = |
|
$129,637,731.95
+ "PBTH Contract"
+ "Fleetlife Savings"
Est. Total = $330 million |
END NOTES:
1 - 28 USC Appendix 8.(A)(3) - "...Rules of Civil
Procedure, Judiciary and Judicial Procedure, Section III, Pleadings and Motions;
General Rules of Pleading - "...(a) Claims for Relief. A pleading which sets forth a
claim for relief,... shall contain... (3) a demand for judgment for the relief the
pleader seeks... Relief in the alternative or of several different types may be
demanded..."
2 - 31 USC 3730(d)(1) - "...If the Government
proceeds with an action brought by a person under subsection (b), such person shall,
subject to the second sentence of this paragraph, receive at least 15 percent but not
more than 25 percent of the proceeds of the action or settlement of the claim..."
3 - 31 USC 3730(c)(5) - "...the Government may
elect to pursue its claim through any alternate remedy available to the Government,
including any administrative proceeding to determine a civil money penalty. If any
such alternate remedy is pursued in another proceeding, the person initiating the action
shall have the same rights in such proceeding as such person would have had if the
action had continued under this section..."
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