Free Motion for Clarification - District Court of Federal Claims - federal

Case 1:99-cv-00279-SGB

Document 291

Filed 11/07/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) ) Plaintiff, ) ) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) __________________________________________) MORSE DIESEL INTERNATIONAL, INC. d/b/a AMEC CONSTRUCTION MANAGEMENT, INC.,

Nos. 99-279C and consolidated cases (Judge Braden)

UNITED STATES' REQUEST THAT CLERICAL ERRORS IN MATHEMATICAL CALCULATIONS BE CORRECTED Pursuant to Rule 60(a) of the Rules of the United States Court of Federal Claims, the United States respectfully requests that the Court correct clerical errors in the mathematical calculations contained in the Court's October 31, 2007 opinion on damages. These errors are identified below: 1. Page 2, line four: "in the total amount of $7,292,213." The correct total is $7,282,123. 2. Page 7, second paragraph under "1. The Government's Argument." line 3: "$259,497.04 in civil penalties...." The correct number is $259,457.04. 3. Page 9, first full paragraph, line 4: "far more than $219,497.04 to date." The correct number is $219,457.04. 4. Page 17, second full paragraph, line 2: "Double that amount is $219,547.04" The correct number is $219,457.04. 5. Page 17, second full paragraph, lines 4-6: "Therefore, the total amount of civil penalties due under the Anti-Kickback Act is $259,547.04, i.e., 2.37 times the amount of the

Case 1:99-cv-00279-SGB

Document 291

Filed 11/07/2007

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kickbacks." The correct numbers are as follows: Therefore, the total amount of civil penalties due under the Anti-Kickback Act is $259,457.04, i.e., 2.36 times the amount of the kickbacks. 6. Page 17, second full paragraph, lines 7-8: ". . . since the total $7,032,666 awarded under that Act is 3.3 times the amount of false claims at issue." The correct numbers are as follows: . . . since the total $7,022,666 awarded under that Act is 3.02 times the amount of the false claims at issue. 7. Page 17, footnote 15: "A different perspective of the total $7,292,213 award is that this maximum penalty is only 2.5% of the $290,276,166 value of the four federal contracts awarded to Plaintiff." The correct numbers are as follows: A different perspective of the total $7,282,123 award is that this maximum penalty is only 2.4% of the $290,275,166 value of the four federal contracts awarded to Plaintiff. (The sum total of the contract awards for the four contracts is: $20,343,186 (St. Louis Courthouse Phase I) + $12,220,188 (San Francisco Customs House) + $92,609,000 (Sacramento Courthouse) + $165,102,792 (St. Louis Courthouse Phase II) = $290,275,166.) 8. Page 18, under "Conclusion": "The Government is awarded $259,547.04 under the Anti-Kickback Act and $7,032,666 under the False Claims Act for a total of $7,292,213." The correct numbers are as follows: The Government is awarded $259,457.04 under the AntiKickback Act and $7,022,666 under the False Claims Act for a total of $7,282,123.

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Case 1:99-cv-00279-SGB

Document 291

Filed 11/07/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General

s/Jeanne E. Davidson JEANNE E. DAVIDSON JOYCE R. BRANDA Directors PATRICIA R. DAVIS Assistant Director s/Domenique Kirchner DOMENIQUE KIRCHNER Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 Tele: (202) 307-1111 Fax: (202) 514-8624 Attorneys for Defendant Of Counsel: TRACY L. HILMER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice ERIC L. MILLER Office of the Inspector General General Services Administration DALTON PHILLIPS CATHERINE CROW General Services Administration November 7, 2007

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Case 1:99-cv-00279-SGB

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Filed 11/07/2007

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