Complaint — United States ex rel. TZAC, Inc. v. A Jewish Voice for Peace, Inc. (No. 1:21-cv-03403, D.D.C.)

Summary

A qui tam complaint under the False Claims Act filed December 30, 2021 as Document 1 in United States ex rel. TZAC, Inc. v. A Jewish Voice for Peace, Inc., No. 1:21-cv-03403-JMC, in the U.S. District Court for the District of Columbia, marked to be filed under seal and filed by relator's counsel David Abrams. The relator, The Zionist Advocacy Center, alleges that the defendant received a Second Round PPP loan of $338,817 on January 26, 2021 after certifying that it was not primarily engaged in political or lobbying activities. The complaint quotes the defendant's own description of its campaigns to change US policy as evidence that the certification was false. It seeks judgment of $1,016,451 in triple damages, plus civil penalties and a qui tam award.

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Cite this document

“Complaint — United States ex rel. TZAC, Inc. v. A Jewish Voice for Peace, Inc. (No. 1:21-cv-03403, D.D.C.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-1-21-cv-03403-dkt-1-d-d-c-13ed286057/, SHA-256 3a67519b7f8ea4d669ff2f868be4cb1c9c992f27280414e6c3ee7992ef9b3ce1.

Full text

Case 1:21-cv-03403-JMC Document 1 Filed 12/30/21 Page 1 of 4

David Abrams, Attorney at Law
P.O. Box 3353 Church Street Station
New York, New York 10008
TO BE FILED UNDER SEAL
United States District Court
District of Columbia
___________________________________
)
United States of America ex rel. )
TZAC, Inc., )
Case: 1:21−cv−03403
) Assigned To : Cobb, Jia M.
Qui Tam Relator Address: ) Assign. Date : 12/30/2021
) Description: Gen. Civil (E−DECK)
305 Broadway Suite 601 )
New York, NY 10007 )
)
)
Plaintiff-Relator, )
)
- against - ) Index No.:
)
A Jewish Voice for Peace, Inc. ) COMPLAINT
P.O. Box 15320 )
Washington DC )
20003 )
)
Defendant. )
____________________________________)

Plaintiff-Relator, complaining of the Defendant by its attorney, David Abrams,

Attorney at Law, respectfully sets forth and alleges as follows:

I. Nature of the Case

1. This is a false claims act claim. The Qui Tam Plaintiff and Relator, TZAC, Inc.

("The Zionist Advocacy Center" or "Relator"), alleges that the Defendant obtained

disaster relief by fraudulently representing the nature of its operations.

II. Parties

2. Defendant A Jewish Voice for Peace, Inc. ("Jewish Voice for Peace") is a not-for-

profit corporation which operates in Berkeley California and Washington DC. Jewish

Voice for Peace describes its mission as follows:

Jewish Voice for Peace was started in 1996 in the San Francisco Bay Area by
three UC Berkeley undergrads as an all-volunteer Israel and Palestine peace
group. In 2002, members decided to build a larger grassroots base that could one
Case 1:21-cv-03403-JMC Document 1 Filed 12/30/21 Page 2 of 4

day change US policies towards the region. Funds were raised then, as now,
through a grassroots campaign focused mostly on small individual donors.

Today, JVP is a national organization closely connected to a growing grassroots
base. We have 200,000 supporters on our email list, 10,000 individual donors,
over 60 chapters across the United States, a staff of 28; a Rabbinic Council; an
Artists’ Council; an Academic Advisory Council; a Health Council; a youth wing;
and an Advisory Board consisting of some of the best-known Jewish thinkers of
our time.

JVP is a community of people dedicated to supporting and leading winnable
campaigns to change US policy, shift US discourse, and even the playing field in
order to create the political conditions that will allow Israelis and Palestinians to
achieve a just and lasting peace.

2. Relator TZAC, Inc. ("The Zionist Advocacy Center" or "Relator" or "Plaintiff") is

a New York business corporation with a principle place of business in the State of New

York, County of New York.

III. Compliance With Requirements of Suit

3. This matter has been or will be filed under seal pursuant to 31 U.S.C. Section

3730(b); at or about the same time, a copy of the Complaint, Sealing Order, and Relator's

disclosure of evidence were or will be served on the Department of Justice and the United

States Attorney for the District of Washington DC.

4. Relator will not serve the Complaint or any other papers in this matter until and

unless it becomes unsealed. Thus, if the Complaint is served on the Defendant, it means

that the matter has been duly unsealed.

IV. Jurisdiction and Venue

5. This Court has jurisdiction pursuant to 31 U.S.C. Section 3732(a) which provides

that this type of action may be brought in any district where the Defendant resides or

transacts business. In this case, the Defendant maintains a government affairs liason in

the District of Columbia and regularly engages in lobbying activities. Additionally,

Defendant regularly solitics and accepts donations to be transmitted to it at its address in

the District of Columbia.

2
Case 1:21-cv-03403-JMC Document 1 Filed 12/30/21 Page 3 of 4

V. The Fraudulent Scheme

6. The Defendant received Second Round PPP Disaster Relief as follows:

Date Amount Loan Number Forgiven

January 26, 2021 $338,817 5957008305 September 7, 2021

7. In order to be eligible for this loan the Defendant had to certify, among other

things, as follows:

The Applicant is not a business concern or entity primarily engaged in political or
lobbying activities, including any entity that is organized for research or for
engaging in advocacy in areas such as public policy or political strategy or
otherwise describes itself as a think tank in any public documents.

8. At all times relevant to this matter the foregoing certification was completely false

and fraudulent. Indeed, Jewish Voice for Peace states right on its web site that it is "a

community of people dedicated to supporting and leading winnable campaigns to change

US policy, shift US discourse, and even the playing field in order to create . . . political

conditions . . . ."

9. As a result of this fraudulent certification, Jewish Voice for Peace received some

$359,279 in funds of the United States.

VI. Cause of Action

10. The False Claims Act imposes liability on a person or entity who " knowingly

makes, uses, or causes to be made or used, a false record or statement material to a false

or fraudulent claim" 31 U.S.C. Section 3729(a)(1)(B)

11. The Courts have held that this can include false statements regarding eligibility to

participate in a program. See United States ex rel. Kirk v. Schindler Elevator Corp., 601

F.3d 94, 116 (2d Cir. 2010), rev'd on other grounds, 131 S.Ct. 1885 (2011) ("[C]laims

may be false even though the services are provided as claimed if, for example, the

claimant is ineligible to participate in the program.")

3
Case 1:21-cv-03403-JMC Document 1 Filed 12/30/21 Page 4 of 4

12. Thus Jewish Voice for Peace's certification violated the False Claims Act because

it was false and required for eligibility for Second Round PPP monies.

VII. Relief Sought

13. On behalf of the government, Relator is seeking judgment for the triple damages

and civil penalties set forth in 31 U.S.C. Section 3729.

14. Jewish Voice for Peace received some $338,817 in Second Round PPP Relief.

These funds would have been received as a result of the fraudulent certification described

above.

15. Accordingly, Relator seeks judgment in the amount of $1,016,451 against Jewish

Voice for Peace and in favor of the United States, together with costs, interest, civil

penalties, an appropriate qui tam award, and such other and further relief as the Court

deems just.

Respectfully submitted,

___________________________

David Abrams, Attorney at Law
Attorney for Relator
The Zionist Advocacy Center

P.O. Box 3353 Church Street Station
New York, NY 10008
Tel. 212-897-5821
Fax 212-897-5811
Dated: New York, NY
December 30, 2021

File and source

File: 1-complaint.pdf
Size: 97,250 bytes
SHA-256: 3a67519b7f8ea4d669ff2f868be4cb1c9c992f27280414e6c3ee7992ef9b3ce1
Our copy: 1-complaint.pdf
Original: archive.org