http://en.wikipedia.org/wiki/False_Claims_Act  (A breif look at the False Claims Act)
 

http://www.all-about-qui-tam.org/fca_history.shtml. (The False Claims Act Historical Law Documents)

http://www.whistleblowingprotecmtion.org/?q=node/66. (A short List of Americas most important and Notable Pioneer Qui Tam Relators or Whistleblowers)

"Qui tam pro domino rege quam pro se ipso in bac parte
sequitor" ~ "Who brings an action for the king brings it for
himself", 13th century British Courts of Henery III, was not the reason why Gibeault contacted the FBI about Genisco and Texas Instruments concerning the fraud between two major Defense Contractors, Gibeault went as a frightened American Citizen and was unaware of the False Claims Act at that time.

 
 
 
First two successful False Claims Act Cases under statute ( 31 U.S.C.  3729 - 3733), also coined,  "Mr. Lincoln's Law" / The 1986 HARM Missile Crisis / Lincoln Law / U.S.A. ex, rel Roland Gibeault vs Genisco Technology Corp. & Texas Instruments Corp. / David vs Goliath.
    
These are two Defense Fraud lawsuit's that were the first to be won
both criminally [[ Original face sheet only copy of 6-29-1988.pdf  ]] and civilly [[ Original United States of America Plainti.pdf) ]]  without a jury trial on either case, ref. see page #2 "United States District Court District Ofc. pdf"  "Settlement Agreement," from the time that President Lincoln enacted the law during the height of the Civil War on March 2, 1863, also the first cases to be won after the October 1986 amendment ( Pub.L. 99-562, 100 Stat. 3153, enacted Oct. 27, 1986 ) 
 
(CR-88-232-AAH,  CV-88-3757-JMI (GHKx),  CV-89-6238- JMI
Relator)  vs  Genisco Technology, Inc., Texas Instruments Inc., Gould,
Inc., PSI-Tronics, Inc., Aerospatiable Helicopter, Inc., Werner
Brinkschultz, an individual, Danny K. Evans, an individual, Robert
L. Kersnick, an indivdual
 
 
For more information please Double Click on the blue links below, these are PDF scrolling files and You Tube links with a short Bio next to each link:
 
 
A note to  the reader: A great reference book for most of the material that you will read at this web site is Henry Scammell's book, "Giant Killers".  It is unfortunate that this case was not mentioned in his book but the Genisco case was under seal by a Grand Jury in Los Angeles at the time of his book and this is why the case was supressed before it got any real serious investigative news coverage because of the highly classified  "J"  mode alert that the U.S. Navy had sent out to the Naval Fleet and Air Force to stand down from any conflict until further notice and because of the 1988 Ramsey Clark Complaint CV-88-0981 on April 13, 1988 and the Saltany vs Reagan Libya Bombing case. If Ramsey Clark knew about this case in 1987 or 1988 situations may have turn out differently in the 1986 Libya Bombing Case 
and the Saltany vs Reagan case against President Reagan and Margaret Thatcher and several other individuals . But the Genisco & Texas Instruments case was still under-seal by a Grand Jury in Los Angeles at that time and would have created a real situation regarding the less then stellar performance of the HARM missile during the beginning of the U.S. Raid against Libya by the  U.S. Navy supression portion of that raid because of faulty HARM missiles by Genisco and Texas Instruments according to Dingell Investigators. The American People never knew the seriousness of the Genisco Fraud and the impact that it had not only on the U.S. Navy's capability to use this missile system in combat situations, it also affected the  U.S. Air Force capability to fire the HARM Missile in all modes.

A tribute to Henry Scammell for having the tenacity to write his book "Giant Killers", Henry is no longer with us but his book of unfinished work will go on for other Pioneers of the False Claims Act to continue to look back on and update for many years to come.  "Long live the False Claims Act"

Original United States of America Plainti.pdf    ( CR-88-232 Grand Jury Indictment against Genisco Technology Corp. and 3 Defense Executives,  first criminal case to be won after the 1986 amendment also without a jury trial back to the original March 17, 1863 enactment of the "Lincoln Law.") Original stamped copy on page #2.
 
The companion cases to the Gibeault and Gravitts case was the Northrop case  http://articles.latimes.com/keyword/herbert-hafif  and  in late 1984 "John Gravitt  vs  General Electric" was the first to have filed a Qui Tam Relator Action since 1943 but not the first to successfully win a False Claims Act Lawsuit, the Gravitt vs General Electric case where G.E. was over-charging millions of dollars on overtime (fixing time cards) on military weapons,  Gravitt had won his case sucessfully in late 1989.  http://articles.latimes.com/2001/mar/08/local/me-35093

Jack Gravitt broke rank at General Electric to report to the top General Electric Aircraft Engine executive a scheme by his co employees and superiors to mischarge time on government B 1B Bomber engine contracts. Instead of being commended, he was dicharged. We rediscovered the ancient False Claims Act in the United States Banking Code, which allowed Mr. Gravitt to file a qui tam lawsuit on behalf of the United States. The Department of Justice attempted to make a sweetheart settlement with General Electric for $234,000. We successfully opposed the Department of Justice’s efforts. Mr. Gravitt ultimately reached a settlement of the claims against General Electric for $3.5 million, a record for a False Claims Act case.

The Gravitt case was the only pending qui tam action reviewed and considered by Congress in drafting the modern False Claims Act in 1986. Mr. Gravitt's courage led to major changes in the law. His six year court battle during that time the Gibeault case was under-sealed a 15 Count Grand Jury Indictment at one time during both cases before the courts at the same time, Gibeault and Gravitt and Northrop were before all three levels of the federal court system (trial, appellate, and Supreme Court) and all three levels of our federal government (judicial, legislative, and executive). Mr. Gravitt passed away in 2001. The False Claims Act treatise is dedicated to him.

Case: United States ex rel. Gravitt v. General Electric Co.
Case No. C‑1‑84‑1610 (S.D. Ohio)  http://www.nytimes.com/2001/03/01/business/john-m-gravitt-61-a-pioneer-in-lawsuits-by-whistle-blowers.html
 
John Gravitt and his lawfirm in Ohio were ground breakers in the very early days of the false-claims act during the emergence of what  Sen. Grassley and Sen. Howard Berman wanted this old Civil War Era Law to do after being  re-enactd and that it would be a deterent against out right fraud but also curb the over billing abuses that were going on inside the Pentagon and their top contractors have continued till this day from the 1980's thru the 1990's and it still goes on in different ways that are hidden in over-head charges etc. and is still to the tune of $900.00 Toilet Seats and the $500.00 Claw Hammers etc. that the Military Industrial Compex Corporations were charging the American Taxpayers and there were many other waste and fraud cases in this area within the Defense Industry and Defense Contractors that were out of control, drunk on the American Taxpayer money an opiate in it's own rite. Just go on line to PBS, ABC, NBC, CBS Archives and search for what was going on during this time peroid through Special News Shows during that time period its all public information see for yourself. )
 
Original face sheet only copy of 6-29-1988.pdf  ( CV-88-03757, Violation Of False Claims Act, Filed Under Seal,  A Demand For Jury Trial was the first civil case to be successfully won, this document was filed under seal also while the Federal Grand Jury were making their determination to join the case or not.  )  [31 U.S.C. 3729, et seq United States Of America, ex rel.,Roland Gibeault, Qui TAM Relator, Stipulation And Order for Re-Allocation Of Damages for the first lawsuit of it's kind. Never before in the history of the false claims act had a case been won but both criminally and civilly one right after another. John Gravitt vs General Electric Case won the very next year in 1989 and was also a very ground breaking legal fight in Cincinnati, Ohio suing General Electric for over charging millions of dollars on false over time charges on military equipment sold to the Taxpayer in the late 1970's and early 1980's. John Gravitt and Gibeault did an interview for the same article in a Wahington D.C Insider Magazine " Defense Week on May 1, 1989 with Tony Capaccio on page #8 & #9"  you can see it on this site, Gibeault wishes he and Gravitt could have met under better circumstances, Gibeault was just finishing up the Genisco case and going into the Texas Instruments Fraud Case in early 1989 with Inge Maudal the father of missile flight. They both wished they had made more time to speak with John Gravitt in 1989.

The Declaration of Independence.pdf  ( A must read, please read the first three paragraphs, also see This Case And The Constitution, page #2,  next page. )

 http://www.michbar.org/journal/pdf/pdf4article1590.pdf  ( A brief history of the False Claims Act that President Abraham Lincoln enacted during the height of the Civil War and where and what it is doing today )

http://en.wikipedia.org/wiki/Qui_tam  ( Qui Tam Relator Definition )

News Article Cronology.pdf  ( 1974 thru 1999 - This is 46 pages full of the events )

the HARM Program, Letters, Newspaper Articles, Court Documents and Complaints and this story. )

Letter 11-11-1979 from Genisco to T.I..pdf  ( 11/11/1979 - Letter from Genisco to Texas Instruments letting them know they were going to be late on their first delivery of altimitors for the guidence section of the HARM missile so slow down the assembly line..... )

HARM Back Round.pdf  ( Historical HARM Missile time line during it's developement )

Operation Eldorado Canyon.pdf  ( Operation El Dorado Canyon and the logistics and formula used to attack Libya on 4/15/1986 )

HARM1 .doc  ( Newspaper Aticles, Letters, Court Decisions and Rulings and a comprehensive time line )

GAO letter to Dept. of Defense 7-23-1984.pdf  ( 7/3/84 - Letter from Hon. Ted Stevens D.O.D. to the chair of the GAO on HARM breakdown cost and it's evaluuation of the program ) 

3-5-1985 Texas Instruments letter to Wern.pdf  ( 3/11/1985 - Letter from J. Wayne Stewart DSD Operations Manager from Texas Instruments to Werner Brinkschulte at Genisco Technology Corp. about a team that neither corporation ever put into place or instituted a plan )

Dept. of Navy 8-1-1985 Memorandum.pdf  ( 8/1/1985 - Dept. Of The Navy Naval Weapons Center, China Lake, Ca.  from: P. Duckworth, HARM Technical Management Office to W. Maddux, HARM Technical Management Office regarding Gyro and signal problems )

Letter from Matt Garrett-HVQA to Vauna Pie.pdf  ( 3/6/1987 - Report from Matt Garrrett from China Lake Naval Weapons Center regarding visit to Genisco )

Dept. of Defense 8-6-1987 Report Clifford.pdf  ( 8/6/1987 - Dept. Of Defense Inspector General DCIS Report by Stephen Miller Special Agent for the D.C.I.S. & Assist By: David Watson, Special Agent N.I.S. Interview with Clifford C. Hunter, Product Improvement Engineer @  Naval Weapons Center, China Lake, Ca. ) 

Dept. of Navy 6-4-1987 Corrective.pdf  ( 6/1/1987 - Dept. Of The Navy, Naval Air Systems Command. letter from: Peter Van Horn Naval Contracting office to Joe Lackey @ Texas Instruments Defense Systems and Electronics about serious liabilities due to non conforming HARM's )

Dept. of Defense 8-6-1987 Report to Major W.pdf  ( 8/6/1987 -  Dept. Of Defense Inspector General, D.C.I.S. Report by Stephen Miller Special Agent for the D.C.I.S. & Assist By, David Watson Special Agent for the N.I.S. Interviewed Major E. Jowers Chief , Tactial Warfare Center USAF, Elgin AFB, Florida )

PlayBoy May 1987 Sixty Seconds Over Tripol.pdf  ( 5/1987 - Playboy with Vanna White front page, Sixty Seconds Over Tripoli, a pilots recollection of the events that took place during the bombing raid on Libya on April 15, 1986 )

1988 GAO Report On HARM Missile.pdf  ( 3/1988 - GAO Report on Quality Assurance & Concerns About Four Navy Missile Systems )

The Daily Breeze May 5 1988 Errant missiles.pdf  ( 5/5/1988 -This is one of the first articles written about the HARM Missile and the damage done in Libya during the April 15, 1986 bombing raid, from my understanding the Congressional Investigators leaked the story to the editor, Micheal Lev )

Dept. of Navy 4-1-1998 Non-Conforming Gen.pdf  ( 4/1/1988 - Department Of The Navy, Naval Air Systems Command Headquaters, letter from Contracting Officer Peter Van Horn to Texas Instruments regarding HARM Inventory Evaluation Test Plan )

Ramsey Clarks Civil Action 88-0981 April 1.pdf  ( 4/13/1988 - United States District Court For The District Of Columbia CV-88-0981, Complaint for some of the deaths and injuries during the April 15, 1986 bombing, Mr. Clark at that time did not know about the HARM defects because the Genisco case was still under seal during that time frame if in fact it was not under seal Mr. Clark would have used this case in 1988 under the Foreign Claims Act 10 U.S.C. 2739 the U.S.A.F. plainly states in their act,  32 CFR 842.64 (m),  "Pay Claims Rising out of Accident or Malfunction of aircraft operations, including airborne ordinance, occuring while preparing for, going to or returning from a combat mission."  pages 14 and 15 of Ramsey Clark Libya Bombing Complaint 

 
 
 
 
Response to ADM. Chang Inquiry 11-2-1988.pdf  ( 11/2/1988 - Response letter from WE Newman, Defense Supression Systems Program Manager to Admiral Chang Inquiry of 10/3/1988 )

Defense Week Monday June 5 1989 Navy Questi.pdf  ( 6/5/1989 - Defense Week News Letter Navy Questioned on HARM Part )

Front Page 10-8-1989 Defense Fraud Invest.pdf  ( 10/8/1989 - Front pg. of the Ventura county News Chronicle by Penny Rosenberg, Defense Fraud Investigation focuses On Simi Valley Manufacturer )

Pg. 2 of 10-08-1989 Defense Fraud Investig.pdf  ( 10/8/1989 - pg. 12 from the front page article from the Ventura County News Chronicle by Penny Rosenberg, Defense Fraud 2nd half )

U.S. House of Representatives letter to CE.pdf   ( 6/29/1989 - Letter from Chairman John D. Dingell Subcommittee On Oversight  and Investigations to Mr. Jerry Jenkins letting him know that they had interviewed Ms. Pierce and wants the names of anyone else involved with the HARM Missile situation )

GAO Report 09-1993 Suppression of Enemy Ai.pdf  ( 9/1993 - Report on Supression Of Enemy Air Defenses, Air Force Plans, pages 3 & 5 

Heroes Zealots or Victims.pdf  ( 9/11/1993 - L.A. Times Front Page, Column One, interviews several whistleblowers from the late 1980's and early 1990's )

12-23-1993 General Release of Texas Instr.pdf  ( 12/23/1993 - Letter to Roland Gibeault from the Law Offices of Herbert Hafif's administrator Mimi Serna telling him to move on and not to let these defendents haunt him for the rest of his life )

United States of America No.92-55760 exre.pdf  ( 5/23/1994 Opinion by the United States Court Of Appeals, Ninth Circuit No. 92-55760 )  

Order Rejecting 1992 Settlement Agreemen.pdf  ( 6/8/1995 - Central District Court Of California, CV-89-6238 JMI (GHKx) Order Rejecting Settlement Agreement and Restructure New Agreement with Texas Instruments )

Navy Accused.pdf  ( 11/16/1988 - L.A. Times news article Part 1, pg. 21, Chairman John D. Dingell goes after the Navy and Texas Instruments on the poor performance of the HARM Missile and the way the government and the courts are handeling the whole situation ) 

Pg.1 LA Times 7-1-1998 US Jets Fire at Iraqi.pdf  ( 7/1/1998 - L.A. Times, Valley Edition, Front pg., U.S. Jet Fires at Iraqi Missile Tracking Britons and the HARM Missile misses its target and lands in a lake some where in the near by mountains )

Pg. 2 LA Times 7-1-1998 US Jets Fire at Iraq.pdf  ( 7/1/1998 - 2nd page to U.S. Jet Fires At Iraqi Missile Tracking Britons )

April 29 1988 Associated Press Smart Bombs.pdf  ( 4/29/1999 - HARM Missile goes off course in Serbia hitting in civilian areas, by Robert Burns ASSC. Press )  

NATO HARM Missile Lands in Sofia Suburbs Ap.pdf  ( 4/28/1999 - Newspaper Article from the Roesing Report, NATO Errant HARM Missile Lands In Sofia Suburb, Bulgaria, many miles off course ) 

BBC News April 29 1999 Sofia Bulgeria Hit By.pdf  ( 4/29/1999 - Another article about HARM Missile's going off course and hitting a house )

Naval Pilots reinactment of a HARM Missile.pdf  ( 12/2000 - A Naval Fighter Pilot's reinactment of firing a HARM Missile over Iraq and watching it wabble off course and miss it's target )

In HARMs way or Friendly-Fire Deaths April.pdf  ( 4/4/2003 - The AGE News Paper Article, In HARM's Way, or friendly-fire deaths from errant HARM Missiles )

Video News Clips Below regarding HARM Missile Crisis and some Qui Tam Relators story.

http://www.youtube.com/v/JI6l5CSXj0Q   (CNN MoneyLine )

http://www.youtube.com/watch?v=zj1Vuin_pH8    (NBC News Clip)

http://www.youtube.com/watch?v=p6AczIICxi4    (NBC News Clip)

http://www.youtube.com/watch?v=sojUBL4zcf4    (CNN Money Line)

http://www.youtube.com/watch?v=3M895THn938  (60 minutes)

http://www.youtube.com/watch?v=N9O-BFV4WFA  (President Eisenhower)


      Roland Gibeault, "QUI-TAM" Relator's condensed Bio.   Gibeault is a humble individual and that his only interest in posting this web site is to allow this case to be put into the historical archives of the False Claims Act 31 U.S.C. 3729 - 3733 regarding the Genisco Technology Corporation False Claims settlement which was won before the John Gravitt case against General Electric settled in 1989.

     Gibeault began working at Genisco Technology Corporation January of 1985 for the enviromental test lab engineering department at Genisco, in-flight testing for the guidance control section Altimeters/Transducer to measure pressure and sensor readings through various temperatures and pressures to gauge the altitude of the High Speed Anit-Radiation Missile (AGM-88)
a sensor that was key componet to the HARM missile performance. The H.A.R.M. missile is the first line of defense for the Armed Forces and is a key weapon for the Navy and Air Force and is used exclusively to knock out surface to air missile batteries and radar sites. On April 15, 1986 during the Libyan bombing raid something went terribly wrong with the performance of the H.A.R.M. missile during the Naval Supression Fire to knock out enemy radar sites in Benghazi and Tripoli to allow the U.S. Air Force F-111 Bombers to come in and bomb major targets in these two major cities. Most of the HARM's fired strayed off course and hit in and around both cities not even coming close to their targets according to the Naval Pilot's after action reports before they were classified according to the Dingell Committee on Oversight and Investigations. 

     Gibeault called the FBI on October 13, 1986 and spoke to Special Agent Bill Pemberton and Special Agent Steve Miller from the D.C.I.S. Defense Criminal Investigative Services established within the Pentagon Inspector Generals Office because of suspicious activity at Genisco Technology Corporation after the January 28, 1986 Challenger Disaster and the April 15, 1986 Libya Bombing Raid a prime contractor of the Altimeter / Transducer in the guidence control section of the HARM missile and pressure sensors for the shuttle cabin pressure and sensors for the liquid fuel lines to the shuttle rocket boosters. At that time Gibeault had no idea of the False Claims Act of March 1863 or the Oct. 1986 revision nor did he go to the FBI with any kind of reward in mind, he went as a patriot of his country to tell of a real evil that was going on between Genisco Corporation and Texas Instruments and on other contracts with various other military and civilian components that were being built by Genisco Corporation in Simi Valley California.

     Gibeault would like to make this perfectly clear in this bio that he did not go to the FBI to collect any reward nor did he know of any reward or the False Claims Act at that time. Gibeault had gone to the FBI as a frightened tax payer that saw a real serious crime taking place between two major contractors for the United States Armed Forces.

     Gibeault was told about the False Claims Act by Congressional Investigators in several interviews in 1987 at the Ramada Inn in Simi Valley, CA  by John Ting, Richard Chervenack, Bruce Chafin and Peter Stockton long after Gibeault had gone to the FBI and DCIS Agents. These Congressional Investigators knew what the Navy and Texas Instruments were up to (a cover-up) and it had to do with the stability of the HARM in-flight and its Seeker Targeting System regarding the HARM missiles performance during the Libya Bombing Raid and several tests at China Lake Naval Weapons Center Bombing Range, the
Dingell Investigators knew the Navy and Air Force were having problems with the HARM missile performance from leaks out of China Lake Naval Weapons Center. From what Gibeault was told by the Dingelle Investigators the Navy did (3) lot samples per year to use as Quality Control Inspections on HARM performances with flight analysis packages attached to them for telemetry readings to see the missiles software and hardware at work inflight during controlled testing at the desert bombing range as "targets known" and "targets unknown" and the FBI and DCIS were at China Lake Naval Weapons with Naval Weapons Inspectors Quality Assurance and with Naval Investigators and all of them witnessed three faliures late summer of 1987 not just miss their targets but missed by miles and it appeared the investigators for the Dingelle Committee seemd extreamly concerned and of course everyone else in the program that was there to witness these failures as well. The Dingelle Investigators knew of a law firm in Clairmont California and a private investigations firm,  Gibeault was told that they were one of the few attorney's working cases on this new law that were nearby and they also knew of another attorney in Los Angeles. The Dingell Investigators urged Gibeault to help them by starting a civil action against Texas Instruments and that was the only way that the remainder of the 1,277 HARM missiles were going to be replaced or guaranteed and that the cost of repair or replacement would not be passed on to the "Taxpayers" through "over-head charges" or allowed to be used by unsuspecting Naval and Air Force Pilots.

     Again Gibeault wants to make this crystal clear, the only reason he went to an attorney is because he was told by the Dingell Oversight Congressional Investigators that Texas Instruments and the Navy only wanted to retrofit 223 missile out of 1500 missiles to save money and to pass the rest of the cost along to the American Tax Payers and perhaps with the lives of US Forces and Civilians which outraged both the Dingell Committee and Inge Maudal.  Gibeault was told by Dingell Investigators that he had a civic duty to help their investigation and to make sure that a private False Claims Attorney was involved to make sure that the Navy and Texas Instruments made good on their repairs and or replacement of any damaged transducers according to The False Claims Act and to keep up on the process, hence the lawsuit against Texas Instruments. (March 1988 GAO Report)

   In 1986 the cost was $400,000.00 per missile at 1500 missiles it would have been an enormous amount of money for the average tax payer to be burden with let alone giving these tainted weapons to unsuspecting Naval and Air Force Pilots when the Navy and Air Force knew that these 1277 missiles had never been tested and did not work properly (Oct. 8, 1989, 60 Minutes interview with Mike Wallace "In HARM's Way" & CNN report with Lou Dobbs and Grant Perry reporting, 1990).http://www.cse.nd.edu/~kwb/nsf-ufe/1043.pdf    Gibeault felt betrayed by his own government and attorney's after working under-cover for the FBI and the DCIS and the NIS for 18 months trying to uncover a crime against the American Taxpayers and our service men and women for the fraud on the H.A.R.M. missile system by allowing the Navy to come to an "Administrative Settlement" with Texas Instruments allowing them to do what ever they wanted with no checks and balances and is what Gibeault and Maudal had told Lucy Eldridge and others at the Department Of Justice after the settlement with T.I. and the Navy out of that concern that both Inge Maudal and Gibeault had stated to the Justice Department hence 25 F. 3d 725 decision by the DOJ on behalf of appeal on Maudal and Gibeaults case vacating the settlement and joining the Relators in appeal. Both Maudal and Gibeault had several interviews with Lucy Eldridge with many concerns on how the case was handled between the Navy and Texas Instruments including our attorney's in the fashion in which this case  was settled with no guarantee of how Texas Instruments and the Navy were going to remedy the fix and that the cost would not be passed on to the America Taxpayers  

        http://law.justia.com/cases/federal/appellate-courts/F3/25/725/572110/ which Gibeault and Maudal had originally objected to and refused to sign and had voiced their concerns and opinions to their legal representatives but were told that there was no other choices because of an "Administrative Settlement" between the Navy and Texas Instruments. After Gibeault and Maudal signed the release of Texas Instruments and the Navy from the Qui Tam Lawsuit against them they immediately Terminated the law firm who were at that time being held responsible by the D.O.J. for Attorney's fees paid to them by Texas Instruments  that was basically a pay-off (Hush Money) to the law firm which in turn involved their clients in misappropriation of funds and represented themselves Pro Se until a new law firm was secured to represent the embattled Qui Tam Relators.  "See Phil Bensons Declaration in the Orange County Superior Court Aug. 23, 1995 regarding, 25 F. 3d 725 a 9th Circuit of Appeal Opinion." Make no mistake Gibeault and Maudal were very angry and disappointed that this "Settlement Agreement" had taken place and contacted Lucy Eldridge and the Dingell Investigators immediately to complain that the "Settlement Agreement" was classified so there was no way to know if (1) Texas Instruments and the Navy were going to fix the the problem with the Altimeter (2) that the cost of repair and or replacement was not going to be passed on to the "American Taxpayers." Please keep in mind that this situation and the opinion 25 F. 3d 725 would have gone un-noticed if it wasn't for the persistence of Gibeault and Maudals cry of foul play to the D.O.J. regarding the fate of the over 1,277 remaining defective HARM missiles in U.S. Arsenal's around the world after the settlement with Texas Instruments.

     The HARM Missile was not the only government contract that Genisco Technology had at the time of the fraud, the Space Shuttle's cabin pressure transducer and the transducer in the liquid fuel lines to the main rocket thrusters to measure the pressure in the incoming fuel lines, Naval under water MK 48 Torpedos, United Technology Corporation in-flight panel instruments, Commercial Airline Braking Systems, the Coast Guard HH 65 Dolphin Search and Rescue Helicopters oil sencing gauges, Idaho Atomic Nuclear Energy Commission power plants water electric switching valves along with many other sensitive contracts.

     Gibeault carried on with a third lawsuit an Instant Case under a False Claims Act Provision which involved another engineer from Ford Aerospace working at China Lake Naval Weapons Center at China Lake California in 1989 a continuation of the original lawsuit. Inge Maudal was contracted out by Ford Aerospace as a consultant to China Lake Naval Weapons Center because of the accuracy problems with the stability issues of the H.A.R.M. missile. Inge Maudals Deposition will some day be scan and posted all 800 pages to this site.   

     Inge Maudal was the father of missile inflight systems. Inga Maudal was a systems engineer and a patriot as well and came to this country from Norway and became a citizen in 1956 after leaving the Norway Civil Defence as a second lieutenant and a fighter pilot for five years, he is the most honest man Gibeault ever had the pleasure to meet. Inga Maudal graduated from Stanford University with a degree in flight systems design and also held a degree from the University of La Verne with a JD law degree. Inga was called into China Lake Naval Weapons as a consultant from Ford Aerospace to take a look at the HARM Missile after the 1986 bombing raid on Libya to see how flawed this system was. Inge was in agreement with the Dingell Committiee on Oversight and Investigations and many other experts in their community that the HARM Missile System was seriously compromised by the faulty Genisco transducers in the guidance control section of the missile and several other problems not found out till a later time, ie  "Margaret Goodearl ex rel.  v  Hughes Aviation in 1992."  http://www.cse.nd.edu/~kwb/nsf-ufe/1043.pdf  and  http://cnx.org/content/m14036/latest/ and  http://webpage.pace.edu/ra95543n/thirdpageCase.htm In 1991 after being engaged in the third lawsuit against Texas Instruments for over a year with the Instant Case from the original 1988 suit Gibeault and Maudal were told that the Navy had reached an Administrative Settlement with Texas Instruments and the settlement was classified and Gibeault and Maudal had no other recourse other then to dismiss the lawsuit with prejudice which basically said that the United States Navy had gone behind the backs of  "The Tax Payers of America" and settled the case during their False Claims Lawsuit to avoid being sued to retrofit the remaining 1277 faulty missiles that were remaining in the Naval and Air Force Arsenals. This was a bold and brazen move on behalf of the United States Government but the alternative was Maudal and Gibeault or another attorney dragging T.I. and others into federal court to expose the real truth about this weapons system and the April 15, 1986 Libyan Bombing Raid along with the downing of an F-111 during the bombing portion of that raid. It is a fact that the Air Force F-111 "Karma 52" was shot down by a Surface to Air Missile (SAM) that the HARM Missile could not take out because of the faulty Altimeter/Transducer from Genisco Technology Corporation in Simi Valley California. The third lawsuit was dismissed in 1995 with prejudice and has haunted Gibeault ever since knowing what he knows about this case. You can read some of the Arguments and opinions below and see how the Central District Court of California and the Department Of Justice and the 9th Court of Appeals were battling it out with each other over who was right and who was wrong.  ( 25  F .3d 725 9th Cir., docket #  92-55760 ) "Dismissal" 

     Gibeault followed the news and always read the newspapers for many years afterward and there were numerious occassions when the the HARM Missile had missed other targets as well in different parts of the world at different times, Iraq in 1990 and 2002, Bosina, Hungry, Croatia and other mishaps as well (see news article cronology attachment).

     It is Gibeaults hope by posting this that it will finally allow the American People to be aware of what happened during this time span from 1986 til 2002. 

  Gibeault has kept quiet for over 20 years in order to let time pass so our National Security would not be compromised because Gibeault is a patriot of his country. Unfortunitly Inge Maudal is in a nursing home after a severe stroke in 2005 and can no longer speak to anyone else regarding this issue, God Bless you Inge. (Inge Maudal passed on August 21, 2010 born on Novomber 6, 1931) you can google him and see some of his patents, he had a patent on a device called "Harbor Sweep" which was brillent and many others. You can also see on page 2 first document "The Constitution And This Case"  a very telling document sent to the courts by Maudal and Gibeault regarding some of the struggle regarding the Qui Tam Relators and some of the courts decisions and the inner struggle of our the three branches of government as you will read about at that time period.   

     Gibeault loves his country and he is proud of the military men and women and that is one of the reasons for telling his story now. Gibeault is deeply sorry for the loss of innocent civilian lives and the two Air Force pilots that were inadvertinly killed by what went on at Genisco Technology and Texas Instruments and other companies as well, it is something that will always haunt him.

     Americans should loves their country but fears their government especially the Military Industrial Complex, Dwight D. Eisenhower was right in his farewell speach to the American people on Jan. 17, 1961.       

 

There are many more documents and videos that will be added to this site and another main site in the near future, this court cases generated over 45 Xerox boxes of court documents, newspaper  and magazines articles over a 20 year period of time. 

 
 
Roland Gibeault ex rel. and Inge Maudal ex rel. vs Texas Instruments  "Dismissal",  Court Documents and Arguements and there are many more decesions and discussions on the Internet about the third case against Texas Instruments. Genisco was the first case to have won both Criminally and Civilly read here where you can see the  "battle"  between our three branches of government, Inge Maudal writes to the justices to give them his view of this case it's called The Constitution And This Case on rolgib2 below in blue letters and it will be the first document listed on that page,  a great read and also some of the same problems Gravitt and his attorney Helmer experienced. 
                                                                                                                         
 
Below you can read a very small amount of the inner power struggle between our three branches of government regarding this new law and how each one had their own interpretation.
 
 

http://openjurist.org/104/f3d/276/roland-gibeault-v-texas-instruments-corp  
 
  
( http://law.justia.com/cases/federal/appellate-courts/F3/25/725/572110/  This is the inner power struggle of the courts during this time period and this case against Texas Instruments and the very poor court decisions that were made between the three branches of our legislative government.  The Department Of Justice (D.O.J.) recieved their fair share of the reward that they demanded right from the beginning according to the prior Northrop vs killingsworth decesion and this was a harassment tactic against future whistleblowers by the D.O.J. Our three legislative branches of government are still at war with each other over The False Claims Act Revision and the power that gives the normal citizenry in this country hence the movement of all our jobs overseas where there is no "Watch-Dog" anymore, and of course China can poison everyone around
the planet with thier tainted goods and lead coated products because Procurement Is Dead! )                                                                                                                                                                                                
  
 Maudal and Gibeault were told that we had no other choice by their attorneys and the D.O.J. at that time, they did not have the resources to persue Texas Instruments and after all it was a very sensitive situation at that time period.  It was over,  they had won and escaped their embarrassment. If you read Inge Maudals the Constitution And This Case "Rolgib2 page" at the end of this page or any of his other writing to the courts and to other attorneys regarding this case you'll get the picture !      
 



Note: This is a warning to all potential future Whistle-Blowers, beware of
the government, the military, the lawyers and the people that say they
are on your side! If your going to blow the whistle you had better be prepared to lose everything  even your credibility. And then again you could win everything but be prepared to spend many years suffering before you ever see any reward. And there will be plenty of sacafice and heartache along the way no matter which way it goes. To be a Whistleblower is to be a patriot of your country and every patriot that you have ever heard about or read about or have known personally has sacraficed and had gotten beat-up in one way or another. "There are more things in heaven and earth, Horatio, than are dreamt of in your philosphy." Only approach a life changing event based on being pure at heart because if its about the money, well..... Good Luck !

     "The False Claims Act enables the average American Tax Payer the ability to become an active participant in how our government procurment and government contractors conduct the way they spend the "American Taxpayers" tax money. This action has to come from the will of the people and not from the government or private enterprise, when you empower the American Citizen to become the "Watch Dog" of the government then you can begin to heal the nation from the wounds of Corporate Greed. 

 

     This Case was the first to be won and without a jury trial since it's conception in 1863 during the Civil War and the 1986 amendment. Genisco Technology Corporation, Texas Instruments, Gould Inc., PSI-Tronics, Aerospatiable Helicopter, Werner Brinkschulte an individual, Danny K. Evans an individual, Robert Kersnick an individual.

    This case was the largest and the most serious defense fraud cases of the 1980's. This case involved the H.A.R.M. Missile and the April 15th 1986 bombing raid on Libya by the U.S. Navy and the U.S Air Force. According to the Dingell Committee on Energy and Commerce during their investigation on this matter in the late 1980's most of the H.A.R.M's fired before the raid didn't even come close to the targets and hit in and around the private sector in both Benghazi and Tripoli damaging several embassies including the French Embassey and injuring and killing hundreds of civilian population according to the naval pilots after action reports before they were classified or destroyed, (See Ramsey Clark's civil action No. 88-0981 April 13, 1988 United States District Court for the District of Columbia for civilian deaths and damages, Mr. Clark was not aware at the time of the HARM Missile mishaps when he wrote the complaint because our case was still under seal by the Department Of Justice at that time.) Also See Saltany vs Reagan. http://www.quimbee.com/cases/709042 &  http://homepage.ntlworld.com/jksonc/docs/saltany_702FSupp319.html  &  http://homepage.ntlworld.com/jksonc/docs/saltany_886F2d438.html   

     Ross Perot was right about the large sucking sound that was mentioned in the 1992 Presidential Debates but I don't believe Mr. Perot knew what the Illuminate and Corporate America were really up to. After the passing of the False Claims Act Amendment in 1986 which made the common tax payer a  "Watch Dog"  of the United States Government and the United States Corporations on the method of how the American Tax Payer's money is spent hence Multi-Corporations. If most of our jobs are shipped overseas and across our borders then there is no watch dog or potential whistleblower.

     This situation is a very clever way to get around the False Claims Act  U.S.C. 3729 - 3733, if you eliminate the American Whistleblower by manufacturing our goods out of the sight of American Workers and the regulations of procurment that are setup by our government, "WE THE PEOPLE" this law may fall back into the archives once again to be lost for who knows how many more years and the American People will suffer at the hands of the Greedelists that are in power in our country today. 

Below are some of the most informative / telling videos on who we have become as a nation and a people. 

http://www.youtube.com/watch?v=7-W4GWjN2kg  (1992 Presidential debate)

http://www.youtube.com/watch?v=GhwhMXOxHTg  (CNN 1993)                         

http://www.youtube.com/watch?v=LRvJ-o30Sk8   (CNN 2008 Presidential Debate)

http://www.youtube.com/watch?v=2tLP4j2NyEE   (NBC Presidential Debate)
 
Tony Benn is one of the great thinkers of our time. Tony Benn is absolutly correct in his theory on how to control the masses, you keep them uneducated, poor, afraid and hopeless and as you can see it has worked very well here in the United States of America. 

http://www.youtube.com/watch?v=OnserZOf1-4 (Tony Benn)

http://www.youtube.com/watch?v=9LnY-jy_cEO  (Tony Benn)

http://www.pbs.org/wgbh/pages/frontline/shows/credit/ ( PBS.org "The Secret History Of The Credit Card" )
 
For more information on Page #2, court documents, newspaper articles and personal accounts