http://en.wikipedia.org/wiki/False_Claims_Act (A breif look at the False Claims Act)
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"
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 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
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
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=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 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.
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)Throughout the early to mid 1980's 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). 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 Instrument 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.