Complaint — United States v. Jeff C. Vogt (No. 1:22-cv-00027, District of Idaho)

Summary

A civil complaint filed January 20, 2022 as Document 1 in United States v. Jeff C. Vogt, No. 1:22-cv-00027-CWD, in the U.S. District Court for the District of Idaho, under the False Claims Act, 31 U.S.C. §§ 3729, et seq., with common law claims for fraud, unjust enrichment and payment by mistake. The United States alleges that on or about June 8, 2020 the defendant certified on a Coronavirus Food Assistance Program application that he produced 22,480,000 pounds of dry onions shipped but not sold, and that USDA paid him $250,000 in CFAP-1 funds. It states the defendant did not provide proof of production after a November 6, 2020 spot-check letter and that USDA found no record of onion farming. The complaint seeks treble damages of $750,000 plus a civil penalty of $11,665 to $23,331.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Complaint — United States v. Jeff C. Vogt (No. 1:22-cv-00027, District of Idaho).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/complaint-no-1-22-cv-00027-dkt-1-e77fd607ad/, SHA-256 c48d5973a7ea4ea80a789f78f0589a95890aa7a82d54faa4dbf010f4c2eb84b5.

Full text

Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 1 of 10

RAFAEL M. GONZALEZ
UNITED STATES ATTORNEY
JAMES P. SCHAEFER, CA STATE BAR NO. 250417
ASSISTANT UNITED STATES ATTORNEY
DISTRICT OF IDAHO
1290 W. MYRTLE STREET, SUITE 500
BOISE, ID 83702
TELEPHONE: (208) 334-1211
FACSIMILE: (208) 334-9375
Email: James.Schaefer@usdoj.gov

Attorneys for Plaintiff
United States of America

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,
Case No.
Plaintiff,
COMPLAINT
v.

JEFF C. VOGT,

Defendant.

Plaintiff United States of America (United States) brings this Complaint against Jeff C.

Vogt (Vogt), and alleges as follows:

INTRODUCTION

1. The United States brings this action against Vogt to recover treble damages and

civil penalties under the False Claims Act (FCA), as amended 31 U.S.C. §§ 3729, et seq. The

United States also brings federal common law claims against Vogt for fraud, unjust enrichment,

and payment by mistake.

2. This action arises from Vogt presenting a false and fraudulent application to the

United States Department of Agriculture (USDA) for federal funds under the Corona Virus Food

COMPLAINT - 1
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 2 of 10

Assistance Program (CFAP).

3. To obtain $250,000 in CFAP funds, Vogt claimed in his CFAP application that he

produced 22,480,000 pounds of dry onions that were shipped but not sold between January 15,

2020 and April 15, 2020.

4. On information and belief, this claim was knowingly false because Vogt had not

produced dry onions, much less 22,480,000 pounds of dry onions as claimed in his CFAP

application.

5. USDA would not have approved Vogt’s CFAP application—much less paid Vogt

$250,000—had it known the truth, i.e., that Vogt had not produced the onions claimed in his

CFAP application.

PARTIES

6. Plaintiff United States of America, acting through USDA and the Farm Service

Agency (FSA), administered the CFAP program.

7. At all times relevant to this Complaint, Defendant Jeff C. Vogt resided in Idaho.

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331, 1345, and 31

U.S.C. §§ 3729, 3730(a), and 3732.

9. This Court has supplemental jurisdiction to entertain federal common law and

equitable causes of action pursuant to 28 U.S.C. § 1367(a).

10. This Court has personal jurisdiction over Vogt pursuant to 31 U.S.C. § 3732(a),

and because he resides in this District.

COMPLAINT - 2
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 3 of 10

11. Venue is proper in the District of Idaho pursuant to 28 U.S.C. § 1391(b)(2) and

31 U.S.C. § 3732, as a substantial part of the events giving rise to the claims described herein

occurred in the District of Idaho.

BACKGROUND

The False Claims Act

12. The FCA is the United States’ primary civil litigation tool against fraud

perpetrated by those who wrongfully obtain monies from federally-funded programs. Consistent

with the congressional purpose underlying the FCA, the Supreme Court has noted that the FCA

must be interpreted broadly so as to apply to all those who receive government monies to which

they are not entitled. See United States v. Niefert-White Co., 390 U.S. 228, 232 (1968).

13. The FCA provides that a person is liable to the United States Government for

three times the amount of damages the Government sustains because of the acts of that person,

plus a civil penalty, for each instance in which the person “knowingly presents, or causes to be

presented, a false or fraudulent claim for payment or approval.” 31 U.S.C. § 3729(a)(1)(A).

14. The FCA also provides that a person is liable to the United States Government for

three times the amount of damages that the Government sustains because of the acts of that

person, plus a civil penalty, for each instance in which the person “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. § 3729(a)(1)(B).

15. The FCA defines “knowing” and “knowingly” as having actual knowledge that

the information is false, or acting with a deliberate ignorance of, or reckless disregard for, the

truth or falsity of the information. 31 U.S.C. § 3729(b)(1). The FCA does not require proof of

specific intent to defraud. Id.

COMPLAINT - 3
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 4 of 10

The Coronavirus Food Assistance Program (CFAP)

16. The Coronavirus Aid, Relief, and Economic Security Act (CARES) included

federal funds for direct support to farmers and ranchers to offset losses incurred due to lost

demand and short-term oversupply caused by COVID-19.

17. Under CARES and its existing authority, USDA implemented the Coronavirus

Food Assistance Program (CFAP) to distribute these funds to eligible farmers and ranchers.

18. CFAP funds were distributed in two phases, CFAP-1 and CFAP-2.

19. Under CFAP-1, eligible farmers received varying amounts of money depending

on the crop that they raised and whether the crop was sold or was shipped but not sold.

20. Under CFAP-1, eligible farmers received five cents per pound of dry onions that

were shipped but not sold between January 15, 2020 and April 15, 2020.

21. CFAP-1 funds were capped at $250,000 per individual farmer.

22. CFAP-1 was run on an honor system. When farmers submitted their CFAP-1

applications, they were not required to submit proof that they produced the crop(s) claimed in

their CFAP-1 applications. However, when applying for CFAP-1 funds, farmers agreed both to

maintain such proof and to provide it to USDA upon request.

STATEMENT OF FACTS

23. On or about June 8, 2020, Vogt completed, signed, and presented a CFAP-1

application to USDA. Therein, Vogt certified that he had produced 22,480,000 pounds of dry

onions that were shipped but not sold between January 15, 2020 and April 15, 2020.

COMPLAINT - 4
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 5 of 10

24. When Vogt submitted his CFAP-1 application, he was advised that it was subject

to a spot-check by USDA. Vogt also agreed to maintain and produce upon request records

substantiating the crop production claimed in his CFAP-1 application.

25. On June 16, 2020, Vogt’s CFAP-1 application was approved; USDA

subsequently paid Vogt $250,000 in CFAP-1 funds.

26. On November 6, 2020, USDA sent Vogt a spot-check letter requesting that he

provide records substantiating that he produced the onions claimed in his CFAP-1 application.

The letter specified that Vogt was required to provide the requested records within fourteen days

and that acceptable records included:

27. On November 19, 2020, Vogt acknowledged receipt of the USDA’s spot-check

letter and stated that he would provide proof of production the following week. Vogt failed,

however, to provide the requested proof of production.

28. USDA searched its files for records (e.g., crop reports, farm operating plans)

indicating that Vogt produced onions, but was not able to locate any such record.

29. Concerned that Vogt’s CFAP-1 application was false, USDA referred the matter

to the United States Attorney’s Office for the District of Idaho.

COMPLAINT - 5
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 6 of 10

30. On September 20 and 21, 2021, the United States attempted to serve a Civil

Investigative Demand (CID) on Vogt. Vogt was, however, able to evade service by misleading

the United States as to his location.

31. On September 23, 2021, after learning Vogt was on probation for a misdemeanor,

the United States was able to serve a CID on Vogt at a scheduled probation visit. The CID

sought both records substantiating that Vogt produced the onions claimed in his CFAP-1

application and a deposition, which was scheduled for October 14, 2020.

32. Vogt failed to produce any records in response to the CID.

33. On October 14, 2020, Vogt appeared for his scheduled CID deposition. Vogt

requested that the CID deposition be rescheduled because he had retained an attorney and wanted

that attorney present. The United States agreed to postpone the deposition. The United States

subsequently learned that Vogt’s representation that he had retained an attorney was false. Vogt

has not responded to attempts to reschedule his CID deposition.

34. Based on Vogt’s failure to produce records substantiating that he produced the

onions claimed in his CFAP-1 application, efforts to evade service of the CID, dishonesty in

obtaining a postponement of his CID deposition, and the absence of any record in the USDA’s

files of Vogt farming onions, the United States alleges, on information and belief, that Vogt’s

CFAP-1 application was knowingly false. Specifically, the United States alleges that Vogt’s

CFAP-1 application was knowingly false because Vogt knew he had not produced the onions

claimed therein.

35. USDA relied on Vogt’s representation that he produced the onions claimed in his

CFAP-1 application.

COMPLAINT - 6
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 7 of 10

36. USDA would not have approved Vogt’s CFAP-1 application had it known the

truth, i.e., that Vogt did not produce the onions claimed in his CFAP-1 application.

37. USDA would not have paid Vogt $250,000 in CFAP-1 funds had it known the

truth, i.e., that Vogt did not produce the onions claimed in his CFAP-1 application.

FIRST CAUSE OF ACTION
(False Claims Act: Presentation of False Claims)

38. The United States incorporates all previous paragraphs as if fully set forth herein.

39. Through the acts described above, Vogt knowingly presented, or caused to be

presented, to an officer or employee of the United States, a false or fraudulent claim in violation

of the FCA, 31 U.S.C. § 3729(a)(1)(A). Specifically, Vogt knowingly presented, or caused to be

presented, a false and fraudulent CFAP-1 application to USDA.

40. By virtue of the false or fraudulent claim presented, or caused to be presented, by

Vogt, the United States sustained damages in the amount of $250,000, and, therefore, is entitled

to treble damages under the FCA in the amount of $750,000, plus a civil penalty of $11,665 to

$23,331.

SECOND CAUSE OF ACTION
(False Claims Act: Making or Using False Record of Statement)

41. The United States incorporates all previous paragraphs as if fully set forth herein.

42. Through the acts described above, Vogt knowingly made, used, or caused to be

made or used a false record and statement material to false or fraudulent claim in violation of 31

U.S.C. § 3729(a)(1)(B), including a CFAP-1 application that falsely claimed Vogt produced

22,480,000 pounds of onions that were shipped but not sold between January 15, 2020 and April

15, 2020.

43. Vogt knowingly made, used, or caused to be made or used, this false record and

statement to get his false and fraudulent claim for CFAP-1 funds paid by the United States.

COMPLAINT - 7
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 8 of 10

44. This false record and statement are material because the United States would not

have paid CFAP-1 funds to Vogt had it known that Vogt had not produced the onions claimed in

his CFAP-1 application.

45. By virtue of the false record and statement that Vogt made, used, or caused to be

made or used, to get his false claim for CFAP-1 funds paid, the United States of America

sustained damages in the amount of $250,000, and, therefore, is entitled to treble damages under

the FCA in the amount of $750,000, plus a civil penalty of $11,665 to $23,331.

THIRD CAUSE OF ACTION
(Common Law Fraud)

46. The United States incorporates all previous paragraphs as if fully set forth herein.

47. Vogt engaged in conduct designed to deceive USDA as to his eligibility to receive

CFAP-1 funds.

48. Vogt did so to personally obtain $250,000 in CFAP-1 funds that he was not

entitled to receive.

49. Vogt knowingly and intentionally made a false and fraudulent statement to

USDA. Specifically, Vogt falsely and fraudulently claimed in his CFAP- application that he

produced 22,480,000 pounds of onions that were shipped but not sold between January 15, 2020

and April 15, 2020.

50. Vogt’s false and fraudulent statement regarding his onion production was

material to the USDA’s decision to approve Vogt’s CFAP-1 application. USDA would not and

could not have approved Vogt’s CFAP-1 application had it known that Vogt had not produced

the onions claimed therein.

51. Vogt intended that USDA would approve his CFAP-1 application based on his

false and fraudulent statement that he produced the onions claimed therein.

COMPLAINT - 8
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 9 of 10

52. USDA was not aware when it approved Vogt’s CFAP-1 application that Vogt’s

claim that he produced 22,480,000 pounds of onions was false and fraudulent.

53. USDA reasonably relied upon Vogt’s false and fraudulent statement regarding his

onion production when it approved Vogt’s CFAP-1 application and paid Vogt $250,000 in

CFAP-1 funds.

54. USDA was entitled to rely upon Vogt’s false and fraudulent statement regarding

his onion production.

55. As a result of Vogt’s false and fraudulent statement, the United States was

damaged and is entitled to recover those damages.

FOURTH CAUSE OF ACTION
(Unjust Enrichment)

56. The United States incorporates all previous paragraphs as if fully set forth herein.

57. As a result of Vogt’s false and fraudulent CFAP-1 application, Vogt obtained

$250,000 in CFAP-1 funds that he was not entitled to receive.

58. Vogt has therefore been unjustly enriched and the United States has been

damaged.

59. Vogt is therefore liable to account for the CFAP-1 funds he received and pay

restitution to the United States in the amount of $250,000.

FIFTH CAUSE OF ACTION
(Payment by Mistake)

60. The United States incorporates all previous paragraphs as if fully set forth herein.

61. This is a federal common law claim by the United States to recover money that

USDA paid by mistake based Vogt’s false claim that he produced 22,480,000 pounds of onions.

COMPLAINT - 9
Case 1:22-cv-00027-CWD Document 1 Filed 01/20/22 Page 10 of 10

62. Based on Vogt’s conduct, USDA mistakenly or erroneously paid $250,000 in

CFAP-1 funds to Vogt, which sum, under the circumstances, in equity and good conscience,

should be returned to the United States. Vogt benefitted from the mistaken payments.

PRAYER FOR RELIEF

WHEREFORE, the United States prays that this Court enter judgment in its favor and

against Vogt granting the United States the following:

1. As to the First and Second Causes of Action (False Claims Act), the amount of

the United States’ damages, i.e., $250,000, trebled as required by law, plus such civil penalties as

are required by law;

2. As to the Third Cause of Action (Common Law Fraud), the amount of the United

States’ damages, i.e., $250,000;

3. As to the Fourth Cause of Action (Unjust Enrichment), an accounting and the

amount by which Vogt was unjustly enriched, i.e., $250,000;

4. As to the Fifth Cause of Action (Payment by Mistake), an amount equal to the

money paid by the United States to Vogt under CFAP-1, i.e., $250,000; and

5. Such other relief as this Court may deem just and proper, together with interest,

costs, fees, and expenses of this action.

DATED this 20th day of January 2022.

RAFAEL M. GONZALEZ
UNITED STATES ATTORNEY
By:

/s/ James P. Schaefer
JAMES P. SCHAEFER
Assistant United States Attorney

COMPLAINT - 10

File and source

File: 1-complaint.pdf
Size: 301,376 bytes
SHA-256: c48d5973a7ea4ea80a789f78f0589a95890aa7a82d54faa4dbf010f4c2eb84b5
Our copy: 1-complaint.pdf
Original: archive.org