Writes that juror could “determine that the Defendants created the JTED program and the combined AVT program” to get a “false record or statement” to obtain Government payment
As you may recall, the multimillion dollar lawsuit between the former director of aviation programs at Yavapai College, Dan Hamilton, and the College is headed for a jury trial. If it is not settled, the jury will be asked to decide whether the College took sufficient steps to inform the VA about how they were calculating the 85/15 rule. Hamilton alleges that Yavapai College and its airplane program partner, NorthAire Aviation, violated the Veteran’s Administration funding rule that limits VA beneficiary enrollment to 85% in any program. (In other words, the program must have at least 15% of its enrollees as civilians.)
In his most recent ruling the Judge touched on a number of factors not favoring the College. One of them was a possible conspiracy.
According to Federal District Court Judge Murray Snow, “Hamilton has presented evidence that the Defendants were engaged in emails discussing “85/15 permanent fixes” in July of 2012.” He went on to write that: “There is also evidence suggesting that the Defendants knew there were concerns regarding the legality of the JTED program during that time period. Finally, there is evidence that during a meeting attended by representatives of both Guidance and Yavapai, John Morgan claimed that the Defendants “are shackled by the VA” and the 85/15 Rule. In his deposition, John Morgan admitted that one of the purposes behind creating the JTED program was to increase veteran eligibility in the combined AVT program. These facts indicate that a reasonable juror could determine that the Defendants created the JTED program and the combined AVT program with the `purpose of getting’ the false record or statement to bring about the Government’s payment of a false or fraudulent claim.”
You may read Judge Snow’s entire ruling by clicking here. 620 ORDER on MSJs[5372]