Case Document 1-20 Filed 03/07/16 Page 1 of 4 Exhibit 19 Case Document 1-20 Filed 03/07/16 Page 2 of 4 From: Lussier, Normand DLA CIV GENERAL COUNSEL [Normand.Lussier@dla.mil] Sent: Monday, March 26,2012 10:44 PM To: Hammond, David Subject: PWC Default entered against military contractor David, please hold close Normand V. Lussier work voice: (703) 767-5032 normand.lussier@dla.mil From: Poling, Daniel DLA CIV GENERAL COUNSEL Sent: Monday, March 26, 2012 8:35 AM To: Woodward, Noel DLA CIV GENERAL Pribble, Fred SES DLA CIV GENERAL COUNSEL Cc: Lussier, Normand DLA CIV GENERAL COUNSEL Subject: RE: PWC Default entered against military contractor I would also add that the entry of default does not establish the amount of damages owed by PWC, which the Court would still have to establish. In addition, even if the service of process on PWC was valid, the Court could set aside the clerk's entry of default for "good cause shown" upon request by PWC (given the draconian consequences of a default judgments, Courts often exercise their discretion to set aside such judgments). Dan Daniel K. Poling Associate General Counsel Defense Logistics Agency 8725 John J. Kingman Rd. Stop 2533 Fort Belvoir, VA 22060-6221 (703) 767-1188 Fax: (703) 767-6091 daniel.poling@dla.mil Caution: This message may contain information protected by the attorney-client privilege, attorney work product, deliberative process, or other privilege. Do not disseminate without the approval ofthe DLA Office of General Counsel. From: Woodward, Noel DLA CIV GENERAL COUNSEL Sent: Monday, March 26, 2012 8:16 AM To: Pribble, Fred SES DLA CIV GENERAL COUNSEL Cc: Poling, Daniel DLA CIV GENERAL Lussier, Normand DLA CIV GENERAL COUNSEL Subject: RE: PWC Default entered against military contractor Sir, On Friday, relator (the private party plaintiff, Kamal Mustafa al-Sultan--Tarek Sultan's cousin and also Kuwaiti) in the civil qui tam action against Agility/PWC filed for entry of a default against Agility/PWC. Relator has made broader claims than DLA and is seeking damages of $1 billion. Relator was able to seek the default because he was successful in achieving Hague Convention service of the Complaint through the Kuwaiti Ministry of Justice on Agility/PWC, Tarek Sultan, and Toby Switzer. After service of process, defendants have 21 days to file an Answer, which they did not. Accordingly, the court entered the default. Despite a couple of efforts, the Kuwaiti Ministry of Justice has not facilitated Hague Convention service of process of the United States' Complaint against PWC/Agility. KGL026461 Case Document 1-20 Filed 03/07/16 Page 3 of 4 We do not know what will happen next. It is possible that PWC/Agility will challenge the validity ofthe relator's service of process. If the case goes fonrvard, the United States may intervene in relator's case. If so, the civil case could be stayed (held in abeyance) pending completion ofthe criminal proceedings. We will keep you informed of developments if and when they occur. v/r, No?l L. Woodward, Associate General Counsel (Business Integrity) COM: 703-767-6068 (DSN: 427-6068); FAX: 703-767-6091; noel.woodward@dla.mi From: Pribble, Fred SES DLA CIV GENERAL COUNSEL Sent: Monday, March 26, 2012 7:58 AM To: Woodward, Noel DLA CIV GENERAL COUNSEL Cc: Poling, Daniel DLA CIV GENERAL Lussier, Normand DLA CIV GENERAL COUNSEL Subject: RE: PWC Default entered against military contractor Do me up a quick e-mail for the Director explaining what happened please. From: Woodward, Noel DLA CIV GENERAL COUNSEL Sent: Monday, March 26, 2012 7:37 AM To: Pribble, Fred SES DLA CIV GENERAL COUNSEL Cc: Poling, Daniel DLA CIV GENERAL Lussier, Normand DLA CIV GENERAL COUNSEL Subject: PWC Default entered against military contractor Sir, As was predicted, the story about the PWC defaultjudgment hit the press. No?l L. Woodward, Associate General Counsel (Business Integrity) COM: 703-767-6068 (DSN: 427-6068); FAX: 703-767-6091; noel.woodward@dla.mi 3/24/2012 Default entered against military contractor By Bill Rankin A default has been entered in a massive false claims lawsuit against a Kuwaiti firm already facing indictment for allegedly overcharging the US. military. The default, entered Friday in US. District Court in Atlanta, means that the next phase ofthe case will determine how much Public Warehousing Go, now known as Agility, has to pay, Atlanta attorney Raymond Moss said Saturday. KGL026462 Case Document 1-20 Filed 03/07/16 Page 4 of 4 The suit seeks more than $1 billion in damages, said Moss, who is working on the case with Atlanta lawyer Jerry Froelich. "They now have to face the music," lVloss said. "They can run but they can't hide from the U.S. government, the U.S. taxpayer and the U.S. legal system." The whistle-blower suit was initially filed in 2005, and the U.S. Attorney's Office laterjoined the litigation. The suit alleges that the contractor significantly overcharged U.S. troops in Kuwait and Iraq for supplies. It also names Sultan Center Food Products Co. as a defendant. Last week, the lawyers representing the whistle-blower filed a motion for a default because neither Agility nor Sultan Center Food filed an answerto the initial lawsuit orto subsequent, amended complaints. Moss said the judge overseeing the case may now schedule a hearing to determine what damages must be paid. believe this is the largest fraud case involving war-time contracting since the enactment of the False Claims Act during Abraham Lincoln's presidency," Moss said. In 2009, Agility was indicted by a federal grand jury in Atlanta forthe alleged fraud. The company has pleaded not guilty and recently filed motions requesting the charges be dismissed. KGL026463