Chart 2 - The Ballew Syndrome

CONGRESSIONAL INTENT AND FALSE CLAIMS ACT
1. The agency has very little discretion to avoid Congressional stated and statutory intent.
2. The mandatory term "SHALL" is used more than 35 times and can't be misunderstood.

ALTERNATE REMEDIES AND WAIVED ADMINISTRATIVE CLAIMS
These, in addition to contract adjustments in favor of the government, free future work, and forfeitures, have a dollar value and must be disclosed to the Court as FCA "proceeds". If not, it is not reported to Congress as "fraud recovery proceeds, as intended."

CONCLUSION:
These "renamed alternate remedies" are the equivalent of "cost-overruns" caused by the agency. They are unapproved, unallocated, and unfunded by Congress. This results in HIDDEN BUDGET WINDFALLS to the government agency because the agency has hidden it from the "Checks and Balances" built into the False Claims Act. Congress wanted to know how the fraud was allowed to happen and to exercise their oversight responsibilities to prevent it in the future. Knowingly, less is delivered to the PUBLIC FISC than is owed by the agency and defendants. Agency mismanagement is covered up. This is a stunning and hidden AGGRANDIZEMENT of the Executive Branch function and a direct INFRINGEMENT upon and IMPAIRMENT of the adjudication powers of the Courts and the Legislative functional powers of Congress. The Executive Branch is knowingly, and virtually, writing and interpreting law as they prefer it to be and executing it.

    31 U.S.C. § 3730 (c) Rights of the Parties to Qui Tam Actions. (5) Notwithstanding subsection (b), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this section.

The Mandatory language of the False Claims Act (the term "shall" is used more that 35 times) explains that if someone other that the defrauded agency, the FBI or DOJ initiates the action, all of the recovery, in theory, must be delivered to the Treasury's "General Receipts Account" and a small portion to the person initiating the action. The law does not allow the "proceeds of the action or settlement of the claim" to be returned directly to the defrauded agency without Congressional oversight.

Remember. If the DOJ selects or accepts any interim alternate remedies (that have any type of cash value and that are not disclosed to the court) then the Court cannot adjudicate completely and the Treasury Department does not receive the undisclosed "entire proceeds of the action or settlement of the claim". The Plaintiff's loss of about 15% is nothing compared to the taxpayers loss of 85% of the concealed settlement proceeds diverted directly back to the defrauded agency. It has not been legally reallocated by Congress to the defrauded agency, knowingly and intentionally evades legal oversight and becomes an unrecognized windfall budget increase.