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Not-Quite-Lost Shipping Containers May Cost Feds
Lorraine Bailey – (Courthouse News) – May 17, 2013 – A fourth company will join the fight to prove that the government lied about losing 1,000 leased shipping containers so it could keep using them without paying, a federal judge ruled.
Three container companies, CAI International, Cronos Containers and Textainer Equipment Management, had leased shipping containers to TOPtainer, which in turn leased the containers to the U.S. Army for equipment shipments to Afghanistan and Iraq.
On Wednesday, Judge Nancy Firestone with the Court of Federal Claims joined
Capital Lease to the case because it had been Textainer’s supplier.
They claim that the government told TOPtainer that it lost 1,000 when its lease was up, and paid TOPtainer for the loss, but TOPtainer never remitted that money to its suppliers and is now defunct.
The container companies say that the government took the title to their property without paying just compensation.
Capital also “presented undisputed evidence to the court to show that 125 containers that had been owned by Capital and were now the subject of plaintiff Textainer’s claim were never ‘lost,’ but were instead sent to Okinawa, Japan and thus appeared to have been ‘taken’ outside the terms of the master lease,” Judge Firestone wrote. (Click HERE for article) (Click HERE for Judge’s Order)
Soldier Given Second Shot at Suing Gun Maker
Rose Bouboushian – (Courthouse News) – April 3, 2013 – A soldier who was injured when his M2 machine gun exploded and a shell casing pierced his leg will get a chance to hone his federal lawsuit against the gun’s manufacturer.
No Afghan trip for 2 ex-Blackwater defendants
NORFOLK – July 31, 2010 – A federal judge said Friday he will allow a videotaped deposition of an Afghan doctor in the murder case against two former Blackwater security guards. Siding with the government, he ruled against sending the defendants to Afghanistan for the testimony.
The former Blackwater workers, Christopher Drotleff of Virginia Beach and Justin Cannon of Corpus Christi, Texas, are charged with killing two Afghan citizens and wounding a third after a traffic accident in Kabul in May 2009.
The government contends the two left an Army base without permission and had been drinking that day. Drotleff and Cannon say they fired in self-defense when the Afghans charged at them in a vehicle. (Click HERE for article)
Court rules man has paid restitution
Lynne Hendricks – July 31, 2010 – AMESBURY — A U.S. District Court judge ruled this week that Amesbury resident Paul Arguin, 47, has satisfied his restitution to the U.S. government and should not be liable for the full $3.2 million he was sentenced to pay after pleading guilty to charges of fraud while a consultant for the Air Force.
The former longtime School Committee member has turned over approximately $700,000 to $800,000 in restitution to date, according to the indictment. According to a judge considering Arguin’s request to deem the debt satisfied, that amount is sufficient to compensate the government, given it received a $15 million settlement from Arguin’s employer Dynamic Research Corporations in a related civil suit.
Arguin served a five-year jail sentence for improperly profiting from a U.S. Air Force contract by setting up corporations to sell and resell computer storage devices to the government and directing the business to corporations he and his boss had interests in, according to the indictment.
Arguin and his boss, Victor J. Garber, 63, formerly of North Andover were indicted in 2000, charged with 49 counts of conspiracy to defraud the U.S. government, wire fraud and aiding and abetting in violation of U.S. law, among other charges. It was asserted the two used their positions as technology consultants to the Air Force employed by defense contractor DRC to divert government procurement funds for personal use. (Click HERE for article)