1. List of identified False Claims Act "single damages" (starting in 1992) and list of FCA defendant's co-conspirators in ex rel Saklad. |
| 04/23/02 |
"Single Damages" spreadsheets and lists of parties that participated with defendant Vantage in filing false claims against the government. Declaration of U.S.P.O. Inspectors Beth Ann Irvine and Alan E. Douillette.
Page 1 - paragraph 6, Vantage's violation period was from 1992 through 1997.
Damages, Page 1
Damages, Page 2
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2. List of identified additional False Claims Act "alleged violators" identified in and as a result of ex rel Saklad, but not disclosed to FBI by Melikian within FCA's 30 days of Melikian's first knowledge of his competitors' (including Barton-Cotton) similar fraud. See the requirement for disclosure within 30 days of Vantage's 1992 knowledge mandated in 31 USC §3729(a)(7)(A). Melikian's disclosure wasn't done and his lawsuit against Barton-Cotton wasn't filed until 1998 (USA ex rel Melikian v. Barton-Cotton, et al. - C.A. No. 98-12132DPW). It would seem that Vantage could not be a valid FCA filing plaintiff, original source or relator under these conditions of missing the 30 day disclosure deadline by 5 or 6 years.
31 USC 3729(a)(7)(A) - (a) Liability for Certain Acts. - Any person who - (7) ...is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains because of the act of that person, except that if the court finds that - the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information.
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| 11/09/99 |
Additional FCA violators identified within the investigation of ex rel Saklad.
Page 17, Deposition of Vantage's Laurence C. Lyons, "A: I gave him the names of five other organizations that were doing the same thing we're doing..."
Page 18 - Letter notice of FCA investigation and request for information to Vantage from Postal Inspector was dated July 1, 1998.
Page 19 - Alleged FCA Violators - "...Barton-Cotton, Brick Mills Studios, Affinity Concepts, Quadringa and Famous Artists Corporations.
Page 20 - "Q: Well, were you aware in connection with Vantage that a simular Qui Tam action was initiated against Vantage by a former employee?" "A: Yes, sir."
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3. Possible hidden alternate remedies diverted from restoration to the U.S. Treasury by DOJ and U.S. Postal Service diversion through the Federal Debt Collection Procedures Act in ex rel Melikian without disclosure to the District Courts. |
| 03/14/03 |
Confirmation # 1 of possible hidden alternate remedies - Court Order - Judge Wolf identifies DOJ's claims under the Federal Debt Collections Procedures Act (FDCPA.)
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| 04/07/03 |
Confirmation # 2 of possible hidden alternate remedies - DOJ's motion confirms DOJ's Amended Complaint included additional claims under the "...Federal Debt Collection Procedures Act (FDCPA) and the False Claims Act (FCA)" |
4. Possible hidden alternate remedies diverted from the ex rel Saklad "proceeds of the action or settlement of the claims" and from restoration to the U.S. Treasury by DOJ and U.S. Postal Service by fraudulent concealment, fraudulent conversion and covert diversion through ex rel Melikian without disclosure to the District Courts. Claims were mirrored from or based on ex rel Saklad investigation facts. Confirmations of an obvious derivative "sealed case" not by the original FCA source and filing plaintiff but, instead, by ex rel Saklad's defendant Vantage's Melikian (for false claims violations by a party identified during and as part of ex rel Saklad lawsuit's investigation for the same type of FCA violations by a third party.) |
| 02/04/99 |
Confirmation # 1. In 1997 USA ex rel Saklad v. Vantage, et al., C.A. No. 97-10052MLW, was filed first and then, later, based on the same basic facts and alleged FCA violators identified, by company name, in ex rel Saklad, USA ex rel Melikian v. Barton-Cotton, et al. - C.A. No. 98-12132DPW, was file under suspicious circumstances without the upfront opposition by the same DOJ parties (DOJ AUSA Peter Levitt.)
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| 09/18/00 |
Confirmation # 2 of USA ex rel Melikian v. Barton-Cotton, Inc., C.A. No. 98-11635MEL, by DOJ's Assistant U.S. Attorney Peter Levitt.
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| 10/05/01 |
Confirmation # 3 of USA ex rel Melikian v. Barton-Cotton, Inc., 98CV111635MEL, by defendant's attorney.
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| 08/05/03 |
Confirmation # 4 of Lobby Conference # 1 - Confirmation of involvement by Federal District Judge Lasker and consultation and involvement by and with Assistant United States Attorney Antone Giedt and Jennifer Boal, head of the Civil Litigation Group's Civil Division at Main Justice in Washington, D.C.
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| 08/06/03 |
Confirmation # 5 of Lobby Conference # 2 - Confirmation of involvement by Federal District Judge Lasker and consultation and involvement by and with Assistant United States Attorney Antone Giedt and Jennifer Boal, head of the Civil Litigation Group's Civil Division at Main Justice in Washington, D.C. This document confirms the DOJ's link the relationship between the two lawsuits.
Page 2 - Mark L. Wolf, U.S. District Judge, "Would you each please identify yourself for the record."
"Peter Levitt for the United States."
"Antone Giedt for the United States"
"Jennifer Boal for the United States."
"Laurence Johnson for the defendants."
Page 5 - Laurence Johnson for the defendants, "Your honor knows perfect well, from our point of view, we can't do the one without the other."
Page 7 - Peter Levitt for the DOJ, "...its got to get signed off at DOJ..."
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5. CONCLUSION. |
| 08/06/03 |
Judge Wolf hears the DOJ attorneys and the defendant's attorney agree divert FCA proceeds from the U.S. Treasury and ex rel Saklad vs Vantage.
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