Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA __________________________________________ ) UNITED STATES OF AMERICA, ) Civil Action No. ____________ ) Plaintiff, ) ) v. ) ) C HENDERSON CONSULTING, INC., ) CHARLES HENDERSON and ) RICHARD BELL, ) ) Defendants. ) ) ) COMPLAINT The United States of America (“United States”) alleges as follows: 1. INTRODUCTION This is a civil action brought by plaintiff, the United States, to recover damages and civil penalties under the False Claims Act, 31 U.S.C. §§ 3729-3733 from the Defendant’s fraudulent acts and false claims, made in violation of federal law, in connection with numerous contracts between C Henderson Consulting, Inc. and General Services Administration (GSA), on behalf of the Federal Emergency Management Agency (FEMA), to provide ambulances, and personnel to man them, as a result of the devastation following Hurricane Katrina. Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 2 of 13 2. JURISDICTION AND VENUE This court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1345, 31U.S.C. § 3730(a), and its general equitable jurisdiction. This Court has personal jurisdiction over the defendants because they entered into the contracts with the United States, in this district, submitted invoices to the United States, within this district, and because the acts at issue in this case occurred within the Middle District of Louisiana. Venue is proper in this district under 28 U.S.C. §§ 1391(b) because a substantial part of the events or omissions occurred in this judicial district. 3. THE PARTIES Plaintiff is the United States. At all times material to this civil action, General Services Administration (“GSA”) was an agency and instrumentality of the United States, and the Federal Emergency Management Agency (“FEMA”) was an agency and instrumentality of the United States. 4. Defendant C Henderson Consulting, Inc., (CHCI), is a corporation located in Texas. Defendants Charles Henderson, (Henderson), owner, and Richard Bell, (Bell), executive vice president, both live in Texas. 5. At all times material herein, CHCI acted through Henderson and Bell. 2 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 3 of 13 6. GENERAL ALLEGATIONS A. Hurricane Katrina 7. On August 29, 2005, Hurricane Katrina made landfall in Southeastern Louisiana and proceeded to devastate the Gulf Coast of the United States. 8. In order to begin addressing the needs of a devastated Gulf Coast, first-responders (firefighters, law enforcement, and health care providers) from all over the United States traveled to Louisiana to aid in the relief effort. 9. Knowing that medical personnel were trying to evacuate hospitals and nursing homes, Bill Lokey, the Federal Coordinating Officer for the Department of Homeland Security, who was in charge of coordinating the entire federal response for Hurricane Katrina relief efforts, prepared an Action Request Form (ARF) on September 3, 2005, requesting fifty (50) ambulances to help in the evacuation efforts. 10. GSA got approval from FEMA to contract for the use of ambulances. 3 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 4 of 13 B. The Contract Award 11. Prior to Hurricane Katrina, CHCI, Henderson and Bell had never before been in the ambulance business, and had no prior experience providing this type of service. 12. Despite this lack of experience, Henderson held himself out to GSA and FEMA as the owner of an ambulance company, i.e., (CHCI) and able to provide properly equipped ambulances and qualified staff to operate them. 13. Lokey did not receive any documentation, application, or proposal from Henderson, but negotiated a contract with Henderson, on behalf of CHCI, based on the ARF authorizing a 60 day contract for 50 ambulances at a cost of $5.2 million dollars. Additional contracts, and amendments to contracts, were entered extending the time of performance and altering the number of ambulances needed. See Chart Below For Specifics of the Contracts: 4 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 5 of 13 Contracts Date Order Number Requisition Number Location No. of Amb. Per. of Perform. / (No. of Days) Contract Amount TN00179N LA State EOC, 50 9/4/05 - 9/30/05 (27) $5,200,000 2005T Baton Rouge, LA TN00726N HSFE06-05-6227 2005T 9/30/05 State of Louisiana 45 10/1/05 - 10/14/05 (14) 1,225,000 Amendment 2 TN00718N 2005T HSFE06-05TN00310N 10/15/05 - 10/30/05 10/14/05 F6227 State of Louisiana 45 1,225,000 2006T (14) Amendment 3 HSFE06-05TN00514N Note: Adds Funds to 10/31/05 F6227 -----------------------------2,422,081 2006T Amendments 2 and 3 Amendment 4 EMS Police HSFE06-05 TN00171N Administration 9/5/05 5 9/3/05 - 9/30/05 (25) 402,000 F6231 2005T Building, Baton Rouge, LA LA Department of HSFE06-05TN00171N 9/5/05 Health and Hospitals, 10 9/6/05 - 9/30/05 (25) 806,000 F6229 2005T Baton Rouge, LA HSFE06-05TN00171N Covington EOC, 9/5/05 10 9/6/05 - 9/30/05 (25) 806,000 F6230 2005T Covington, LA HSFE06-05TN00230N W ashington Parish, 9/7/05 6 9/7/05 - 9/30/05 (23) 562,520 F6269 2005T Bogalusa, LA LA Office of Public HSFE06-06-C- TN00533Y 10/29/05 – 11/29/05 10/29/05 Health EM S Baton 26 2,688,244 8076 2006T (32) Rouge HSFE06-06-CLA Office of Public TN01006Y 11/30/05 – 12/31/05 11/30/05 8076 Health EM S Baton 26 3,594,200 2006T (32) Amendment 1 Rouge Total NTE $18,931,045 9/4/05 HSFE06-05-6227 14. Section 17 of the Contracts specified that defendants would be required, among other things, to provide ambulances, equipped with drivers, 1 EMS or paramedic, fully self-contained medical cache and supplies, full ALS life support capabilities, and full mobile ICU capabilities. FEMA agreed to pay $3,100.00 per day for each ambulance CHCI provided and had in service during the contract periods. 5 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 6 of 13 15. The various contracts, and amendments thereto, specified a period of performance from September 4, 2005, through December 31, 2005. The number of ambulances contracted for during this time varied from contract to contract as set forth above in paragraph 13. 16. The contracts did not expressly address when the defendants would submit invoices; therefore defendants submitted them on an irregular basis. 17. As a result of CHCI’s being awarded the FEMA contracts, on September 3, 2005, Henderson, on behalf of CHCI, entered into a contract with Goldstar Companies (an ambulance company that was in bankruptcy at the time) wherein Goldstar agreed to provide CHCI with 45 ambulances and agreed to assist CHCI in locating and recruiting drivers and paramedics necessary to operate each of the ambulances, while CHCI would pay all expenses associated with operating the ambulances as well as paying all personnel, fuel and supplies. CHCI, in consideration for these services, agreed to pay to Goldstar Companies 50% of the net profits resulting from the FEMA contracts. 18. As a result of CHCI’s being awarded the FEMA contracts, Charles Henderson, on behalf of CHCI also entered into an agreement with Texas Vital Care wherein Texas Vital Care agreed to lease one ambulance, and provide the crew, to CHCI from September 9, 2005 through October 14, 2005, for $2,600.00 per day. Texas Vital Care did provide two ambulances to CHCI on September 23 and 24, 2005. 6 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 7 of 13 19. As a result of CHCI’s being awarded the FEMA contracts, Henderson reached an agreement with Bonham Fire Department wherein they agreed to provide CHCI with ambulances at a rate of $3,100.00 per day from September 9, 2005 through September 25, 2005. However, Bonham ended up providing ambulances to CHCI through October 15, 2005. Bonham provided between 1 and sometimes 2 ambulances to CHCI during the period of September 9, 2005 through October 15, 2006. 20. As a result of CHCI’s being awarded the FEMA contracts, on Lone Star agreed to provide to CHCI ambulances, personnel and supplies at a rate of $2,600.00 per day from September 4, 2005 through October 14, 2005. 21. At all times during the contract periods employees of CHCI and/or GoldStar were tasked with keeping daily staffing reports, which were regularly forwarded to Goldstar so that Goldstar could issue checks to CHCI’s employees. The payroll records were then periodically forwarded to Bell and Henderson and used by them in preparing CHCI’s invoices that were later submitted to FEMA for payment under the contracts. 7 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 8 of 13 C. The Defendants’ Over Billed Under the Contracts 22. The Defendants over-billed FEMA under the executed contracts by submitting invoices for more ambulances than they actually had in service: Date 9/4/2005 9/5/2005 9/6/2005 9/7/2005 9/8/2005 9/9/2005 9/10/2005 9/11/2005 9/12/2005 9/13/2005 9/14/2005 9/15/2005 9/16/2005 9/17/2005 9/18/2005 9/19/2005 9/20/2005 9/21/2005 9/22/2005 9/23/2005 Ambulances Unsupported Invoice Numbers Ambulances Billed Actually Provided Ambulance Claims 0921501 &12310501 0921501 &12310501 0921501, 12310501 & 1010502 0921501, 12310501 & 1010502 0921501, 1010502 & 1010501 0921501, 1010502 & 1010501 0921501, 1010502 & 1010501 0921501, 1010502 & 1010501 0921501, 1010502 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 0921501 & 1010501 1004501 & 1010501 1004501, 01040603, 01040602 & 1010501 Loss to FEM A 19 11 8 $24,800.00 28 21 7 $21,700.00 45 30 15 $46,000.00 46 35 11 $34,000.00 54 36 18 $55,800.00 62 36 26 $80,600.00 66 27 39 $120,900.00 66 33 33 $102,300.00 66 34 32 $99,200.00 56 34 22 $68,200.00 56 37 19 $58,900.00 56 40 16 $49,600.00 56 41 15 $46,500.00 56 40 16 $49,600.00 56 40 16 $49,600.00 56 39 17 $52,700.00 56 44 12 $37,200.00 56 46 10 $31,000.00 56 45 11 $34,100.00 71 48 23 $71,300.00 8 Case 3:10-cv-00258-BAJ-DLD Document 1 Date 9/24/2005 9/25/2005 9/26/2005 9/27/2005 9/28/2005 9/29/2005 9/30/2005 10/1/2005 10/2/2005 10/3/2005 10/4/2005 10/5/2005 10/6/2005 10/7/2005 10/8/2005 10/9/2005 10/10/2005 10/11/2005 10/12/2005 10/13/2005 10/14/2005 10/15/2005 10/16/2005 10/17/2005 10/18/2005 10/19/2005 10/20/2005 10/21/2005 04/16/10 Page 9 of 13 Invoice Numbers Ambulances Ambulances Unsupported Billed Actually Provided Ambulance Claims 1004501, 01040603, 01040602 & 1010501 1004501, 01040603, 01040602 & 1010501 1004501, 01040603, 01040602 & 1010501 1004501, 01040603, 01040602 & 1010501 1004501 & 1010501 1004501 & 1010501 1004501 & 1010501 1011501 1011501 1011501 1011501 1011501 1011501 1011501 1011501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 1030501 Loss to FEM A 67 38 29 $89.900.00 66 38 28 $86,800.00 66 36 30 $93,000.00 66 38 28 $86,800.00 49 37 12 $37,200.00 49 37 12 $37,200.00 49 40 9 $27,900.00 45 45 44 44 44 44 44 44 45 45 45 45 45 45 45 45 45 45 45 45 45 39 38 40 39 40 41 40 38 39 39 38 39 37 36 35 34 35 43 38 44 45 6 7 4 5 4 3 4 6 6 6 7 6 8 9 10 11 10 2 7 1 0 $18,600.00 $21,700.00 $12,400.00 $15,500.00 $12,400.00 $9,300.00 $12,400.00 $18,600.00 $18,600.00 $18,600.00 $21,700.00 $18,600.00 $24,800.00 $27,900.00 $31,000.00 $34,100.00 $31,000.00 $6,200.00 $21,700.00 $3,100.00 $0 9 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 10 of 13 23. Based on the daily reports and the payroll records provided to Bell and Henderson and which they used in preparing CHCI’s invoices, it is evident that all defendants had actual knowledge of the number of ambulances CHCI provided to FEMA during the contract periods; acted in deliberate ignorance of the actual number of ambulances CHCI provided to FEMA during the contract periods; and/or acted with reckless disregard in submitting invoices significantly over-stating and inflating the number of ambulances CHCI actually placed into service during the periods between September 4, 2005 and October 21, 2005. 24. Having no reason to believe that the defendants had over-billed for the ambulances they actually provided to FEMA under the contracts, FEMA paid the defendants the full amount of what they billed. As a result of the false, untrue and incorrect invoices submitted by defendants, FEMA overpaid the defendants the sum of $1,971.600.00. 25. FIRST CAUSE OF ACTION False Claims Act-31 U.S.C. § 3729(a)(1) The United States asserts a claim for treble damages and civil penalties under the False Claims Act, 31 U.S.C. § 3729(a)(1). 26. Paragraphs 1 through 24 of this Complaint are hereby realleged and incorporated as though fully set forth herein. 10 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 11 of 13 27. By virtue of the acts described above, defendants knowingly presented or caused to be presented to the United States numerous false or fraudulent claims for reimbursement under the contracts. 28. FEMA, unaware of the foregoing circumstances and inaccurate invoices submitted by Henderson and Bell, on behalf of CHCI, made overpayments in the aggregate amount of $1,971,600.00 to CHCI which resulted in its being damaged in a like amount. 29. SECOND CLAIM FOR RELIEF False Claims Act-31 U.S.C. § 3729(a)(2) The United States asserts a claim for treble damages and civil penalties under the False Claims Act, 31 U.S.C. § 3729(a)(2). 30. Paragraphs 1 through 24 of this Complaint are hereby realleged and incorporated as though fully set forth herein. 31. By virtue of the acts described above, defendants knowingly made or used false or fraudulent invoices to get CHCI’s claims paid or approved by the United States for payment under to the contracts. 11 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 12 of 13 32. FEMA, unaware of the foregoing circumstances and fraudulent conduct of CHCI, Henderson and Bell, made payments in the aggregate amount of $1,971,600.00 to CHCI, which resulted in it being damaged in a like amount. PRAYER FOR RELIEF WHEREFORE, the United States prays that judgment be entered in its favor and against C Henderson Consulting, Inc., Charles Henderson, and Richard Bell, Defendants, jointly, severally, and in solido, as follows: A. On Counts I and II (False Claims Act), judgment against Defendants C Henderson Consulting, Inc., Charles Henderson, and Richard Bell, jointly, severally, and in solido, for $5,914,800.00 (i.e., treble the damages sustained by Plaintiff), plus a civil penalty in the amount of $5,500 to $11,000, for each false claim submitted to FEMA, plus applicable interest, and costs; B. On all Counts, for an accounting of the Defendants’ spending of all amounts received as payment under the contracts. 12 Case 3:10-cv-00258-BAJ-DLD Document 1 04/16/10 Page 13 of 13 C. Further, that the United States be granted such other and further relief as the Court shall deem just and proper. UNITED STATES OF AMERICA, by DAVID R. DUGAS UNITED STATES ATTORNEY /s/ James P. Thompson James P. Thompson, LBN 21090 Assistant United States Attorney 777 Florida Street, Suite 208 Baton Rouge, Louisiana 70801 Telephone: (225) 389-0443 Fax: (225) 389-0685 E-mail: jay.thompson@usdoj.gov 13 Case 3:10-cv-00258-BAJ-DLD Document 1-1 04/16/10 Page 1 of 2 AO 440 (Rev. 02/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ UNITED STATES OF AMERICA Plaintiff v. C HENDERSON CONSULTING, INC., ET AL Defendant ) ) ) ) ) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) CHARLES W. HENDERSON 106 CANYON OAK DRIVE LAKE JACKSON, TX 77566 A lawsuit has been filed against you. Within 20 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: JAMES P. THOMPSON ASSISTANT UNITED STATES ATTORNEY 777 FLORIDA STREET, SUITE 208 BATON ROUGE, LA 70801 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3:10-cv-00258-BAJ-DLD Document 1-1 04/16/10 Page 2 of 2 AO 440 (Rev. 02/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset . Case 3:10-cv-00258-BAJ-DLD Document 1-2 04/16/10 Page 1 of 2 AO 440 (Rev. 02/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ UNITED STATES OF AMERICA Plaintiff v. C HENDERSON CONSULTING, INC., ET AL Defendant ) ) ) ) ) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) RICHARD W. BELL 32011 PATTY'S LANDING MAGNOLIA, TX 77354 A lawsuit has been filed against you. Within 20 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: JAMES P. THOMPSON ASSISTANT UNITED STATES ATTORNEY 777 FLORIDA STREET, SUITE 208 BATON ROUGE, LA 70801 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 3:10-cv-00258-BAJ-DLD Document 1-2 04/16/10 Page 2 of 2 AO 440 (Rev. 02/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset . Case Document 1?3 04/16/10 Page 1 of 1 CIVIL COVER SHEET Q18 44 (Rev. 12/07) The 44 civil cover sheet and the information contained herein neither re lace nor supplement the ?ling and service of pleading? by local rules ofcourt. This form, approved by the Judicial Conference 0 the United the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) . or other apers as re uired by law, except as provided tates in September 1974, is required for use oft Clerk of curt for the purpose of initiating I. PLAINTIFFS UNITED STATES OF AMERICA County of Residence of First Listed Plaintiff DEFENDANTS HENDERSON CONSULTING, INC., CHARLES HENDERSON and RICHARD BELL County of Residence of First Listed Defendant LAKE JACKSON. TEXAS (EXCEPT IN US. PLAINTIFF CASES) (C) AttornE/S?s SFirm Name Address and Number) JAM THOMPSON, AUS 77? FLORIDA STREET, SUITE 208 BATON ROUGE. LA 70801 (2251 389-0443 (IN US PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED. Attorneys (If Known) II. BASIS OF JURISDICTION (Place an in One Box Only) CITIZENSHIP OF PRINCIPAL an in One Box for Plaintiff (For Diversity Cases Only) and One BOX for Defendant) IX 1 US Government 1] 3 Federal Question PTF DEF PTF DEF Plainti?? (US. Government Not a Party) Citizen of This State CI I CI 1 Incorporated or Principal Place Cl 4 El 4 of Business In This State El 2 US. Government Cl 4 Diversity Citizen of Another State CI 2 El 2 Incorporated and Principal Place Cl 5 5 Dafend?m? (Indicate. Citizenship of Parties in Item ?f 3mm? 1? ?ah? Citizen or Subject of a CI 3 3 Foreign Nation CI 6 6 ForeigriCounn'y IV. NAT I 10 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture El 422 Appeal 28 USC 158 CI 400 State Reapportionment CI [20 Marine El 310 Airplane 362 Personal Injury - Cl 620 Other Food Drug Cl 423 Withdrawal 410 Antitrust El I30 Miller Act 0 315 Airplane Product Med. Malpractice El 625 Drug Related Seizure 28 USC 157 430 Banks and Banking Cl 140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 El 450 Commerce CI 150 Recovery of Overpayment 320 Assault, Libel Se Produdt Liability 630 Liquor Laws -- 7 460 Deportation Enforcement ofJudgmerit Slander CI 368 Asbestos Personal 640 RR. Truck CI 820 Copyrights CI 470 Racketeer In?uenced and CI 151 MediCare Act .13 330 Federal Employers? Injury Product CI 650 Airline Regs. El 830 Patent Corrupt Organizations CI 152 Recovery of Defaulted Liability Liability CI 660 Occupational CI 840 Trademark I3 480 Consumer Credit Student Loans E) 340 Marine PERSONAL PROPERTY Safety/Health El 490 Cable/Sat TV (Excl. Veterans) 345 Marine Product El 370 Other Fraud 1] 690 Other Cl 810 Selective Service 153 Recovery of Overpayment Liability El 371 Truth in Lending . -: :1 . . . CI 850 Secudties/Conunodities/ of Veteran's Bene?ts 0 350 Motor Vehicle El 380 Other Personal C1 710 Fair Labor Standards Cl 861 HIA (1395ff) Exchange El I60 Stockholders? Suits CF 355 Motor Vehicle Property Damage Act CI 862 Black Lung (923) CI 875 Customer Challenge CI 190 Other Contract Product Liability CI 385 Property Damage CI 720 Labor/Mgmt. Relations 863 (405(g)) 12 USC 3410 195 Contract Product Liability Cl 360 Other Personal Product Liability CI 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions El 196 Franchise In' Disclosure Act El 865 RSI 405 CI 891 Agricultural Acts REY CIVILRIGHT PRISONERPETITIN Cl 740 Railway Labor Act EEDERALTAXSUIT 892 Economic Stabilization Act CI 210 and Condemnation 44] Voting CI 510 Motions to Vacate 790 Other Labor Litigation 13 87 Taxes US Plaintiff Cl 893 Environmental Matters 220 Foreclosure 442 Employment Sentence El 791 Empl. Ret. Inc. or Defendant) Cl 894 Energy Allocation Act 230 Rent Lease Ejectrnent CI 443 Housing/ Haheas Corpus: Security Act El 87! IRS?Third Party 895 Freedom of Information 13 240 Torts to Land Accommodations CI 530 General 26 USC 7609 Act 245 Tort Product Liability Cl 444 Welfare CI 535 Death Penalty 1'19 CI 900Appeal of Fee Determination 290 All Other Real Property El 445 Amer. w/Disabilities - Cl 540 Mandamus Other 462 Natural'zation App Under Equal Access Employment Cl 550 Civil Rights CI 463 Habeas Corpus - to Justice CI 446 Amer. waisab-ilities - El 555 Prison Condition Alien Detainee CI 950 Constitutionality of Other CI 465 Other Immigration State Statutes Cl 440 Other Civil Rights Actions V. ORIGIN (Place an ?x in One-Box Only) Ari/real to District 8 1 Original El 2 Removed from 3 Remanded from El 4 Reinstated or 5 giggi?fgr?gm 6 Multidistrict [j 7 Proceeding State Court Appellate Court Reopened @135 cifv) Litigation Judgment VI. CAUSE OF ACTION VII. REQUESTED IN Brief description of cause: Fraud El CHECK IF THIS IS A CLASS ACTION Cite the US. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 31 egtion 3729 (Civil False Claims) DEMAND CHECK YES only if demanded in complaint: COMPLAINT: UNDER F-R-C-P- 23 JURY DEMAND: Yes i: No RELATED _7 IF AN Y. 6? JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 04/16/2010 15/ James P. Thompson Tron OFFICE USE ONLY RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE