Preliminary Statement The Plaintiff John Yuliano is a former employee of Colonel Dynamo, Inc.’s accounting and billing department. Colonel Dynamo, Inc. is a defense contractor who conducts 90% of its business with the U.S. military. Yuliano noticed irregularities with CDI’s billing for a government project and brought this to the attention to the project managers. Yuliano’s employment was terminated during a wave of company layoffs. Yuliano threatened CDI with a lawsuit for fraud and age discrimination. Both parties reached a settlement where Yuliano would wave all claims against CDI for a financial settlement.
In response to the complaint CDI seeks the dismissal for Yuliano’s qui tam claim alleging fraud on the grounds that he is barred …show more content…
Yuliano was informed on January 29, 2014 that he had been laid off immediately, Yuliano threatened to sue CDI under the False Claims Act for fraud and age discrimination. After being laid off Yuliano took his research information to the FBI and they agreed to begin an investigation into the allegations. CDI concerned with the impact that a lawsuit can have on their operations began a negotiation for settlement to stop Yuliano from bring a claim against CDI. Both sides reached an agreement that states that in return for $400,000 Yuliano would waive all potential claims against CDI. Yuliano after signing this agreement has decided to file a claim against CDI for a violation of the FCA and for age …show more content…
Yuliano’s complaint alleges billing irregularities for operation of Gryffindor and that project managers have verified that the project has no attainable goal. The allegations in the complaint are conclusory only offering general statements. Yuliano alleges irregularities in billing this does not show fraud, this shows that CDI might need to review their bills before submitting them. No attainable goals shows that given the complexity of the project that there is still considerable need for development. These allegations fail to plausibly state a claim that should be awarded relief and should be
In response to the complaint CDI seeks the dismissal for Yuliano’s qui tam claim alleging fraud on the grounds that he is barred …show more content…
Yuliano was informed on January 29, 2014 that he had been laid off immediately, Yuliano threatened to sue CDI under the False Claims Act for fraud and age discrimination. After being laid off Yuliano took his research information to the FBI and they agreed to begin an investigation into the allegations. CDI concerned with the impact that a lawsuit can have on their operations began a negotiation for settlement to stop Yuliano from bring a claim against CDI. Both sides reached an agreement that states that in return for $400,000 Yuliano would waive all potential claims against CDI. Yuliano after signing this agreement has decided to file a claim against CDI for a violation of the FCA and for age …show more content…
Yuliano’s complaint alleges billing irregularities for operation of Gryffindor and that project managers have verified that the project has no attainable goal. The allegations in the complaint are conclusory only offering general statements. Yuliano alleges irregularities in billing this does not show fraud, this shows that CDI might need to review their bills before submitting them. No attainable goals shows that given the complexity of the project that there is still considerable need for development. These allegations fail to plausibly state a claim that should be awarded relief and should be