DOJ Attorney Paul ‘P.’ Davis Oliver to Quimba: Shouda Had a Time Machine!

It’s been a while since I’ve posted, despite flurry of activity on the case. The reason? Every time I’ve sat down to write a post, I’ve become deeply depressed because of how the DOJ and the DOD are treating us and literally had to stop writing. Now that I’ve managed to finish writing this piece, let me start with a quick summary of facts relevant to this post.

During FY 2004 (yep, a decade ago), my co-founder and I at Quimba continued to work on a federal contract while pursuing DCAA’s approval of our accounting system. During this time period, we were not permitted to submit a voucher unless as an exception and by prior permission from the DCAA. The only way to continue under the then-circumstances was that Quimba’s founders deferred salaries – in other words, my co-founder and I gave an interest-free loan to the US Government for FY2004.

That was a  f**king stupid newbie mistake on our part in retrospect, as an act that would have made us a preferred vendor with any organization in the public sector, has become a nightmare primarily due the DOJ’s intentional decision to persecute Quimba. I will write more on that “intentional” part later – it is not just my personal opinion.

Anyway, we finally got approval in FY2005, sent in our vouchers for FY2004 costs, got paid, and paid ourselves. In 2007 the DCAA auditor, Mr. Amanat Sulehria disallowed the deferred salaries. In 2011 DCMA ACO Craig M. Studley upheld the auditor’s recommendation and as the result we filed an appeal in the Court of Federal Claims in 2012.

Everyone up to date? Good.

The Government’s Motion to Amend is here, their proposed Counterclaim is here, our Response to the Motion is here, and their Reply is here.

The Court granted the Government’s motion because the Judge could not sort out the facts due to what she called a “truncated record.” We also think that the Judge joined the long line of people who’ve heard our story and their reaction the first couple of time they hear the story has been that “nah… you are not telling me something because the United States of America would not do this to a small business or U.S. citizens.” So the Judge’s decision while frustrating is understandable.

The fact that his case is still “alive” is definitively due to the DOJ Attorney Paul ‘P.’ Davis Oliver’s impressive writing skills. Mr. Oliver is clearly an expert in using linguistic devices and word gymnastics to muddy the waters. That’s how the Time Machine comes in!

Stripped to its core, Mr. Oliver takes the following position in his Counterclaim:

1. The Government should be permitted to use payments made to Quimba in FY2005 for FY2004 Costs to cure the mortifyingly defective COFD ACO Studley issued shortly before the good ACO retired. The Government argues that this is permissible because the Government did pay for Quimba’s Incurred FY2004 Costs and, by inference, it is arguing that the date the payment was made is irrelevant.

1. At the same time (and here is where the root of the problem is) the Government is also arguing that Quimba SHOULD NOT be permitted to do exactly the same thing, i.e., to use the FY2005 payments toward the very same Incurred Costs (salary deferrals) in FY2004.

The only way Quimba would end up owing any money for FY2004 is if both of the above conditions are met. Otherwise, since, as stated in the ACO Craig M. Studley’s decision (posted here), the entire and only reason for finding some of Quimba’s claimed FY2004 salaries unallowable is that Quimba did not pay them in FY2004. Therefore a credit for paying those costs in FY2005 (which we did) would remove the Government’s objection and those costs now become allowable. Once that happens, the Government no longer has a Claim and we’re done.

That is precisely why the DOJ attorney Paul ‘P.’ Davis Oliver is now attempting to BOTH hold Quimba responsible for the fact that Quimba did not pay some founder salaries in FY2004 (despite the good reason that the Government had not paid us for those costs in FY2004) AND benefit from paying Quimba in FY2005 for the very same FY2004 costs.

Put another way, the Government’s position now is that Quimba should have paid salaries in FY2004 with monies that the Government had not paid until FY2005. So he is telling us that it’s is our own damned fault that we did not have a time machine to go back to 2004 and pay salaries after the Government paid us in 2005!

I find the Government’s position reprehensible. But that may just be my sour grapes? What do you think of how the DOJ and the Government attorneys, DOJ’s Paul ‘P.’ Davis Oliver and DCMA’s Srikanti (‘Sri’) Schaffner are attempting to win their case? Do you think their actions are fair? Just what lawyers do? Or do you think, because they are or should be representing the Old Glory, we should hold these attorneys and their employers, DOJ and DCMA, to a higher standard of justice and honor as opposed to, say, the lawyers who defend organized crime families, where it is understood that the attorneys will try to win at any cost and by any means?

People in this post:
Bob Dourandish – bob@quimba.com
Paul ‘P.’ Davis Oliver, Esq. (DOJ Attorney) – P.Davis.Oliver@usdoj.gov
Srikanti ‘Sri’ Schaffner, Esq. (DCMA Attorney) – Srikanti.Schaffner@dcma.mil
Craig M. Studley – DCMA ACO – Retired on for-life taxpayer-funded Pension and for-life taxpayer-funded Healthcare. No email on file.
Amanat Sulehria – DCAA auditor – Retired on for-life taxpayer-funded Pension and for-life taxpayer-funded Healthcare. No email on file.