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Home Source documents Court filing — No. 1:22-cv-00137 (Dkt. 1, D.N.D.)

Court filing — No. 1:22-cv-00137 (Dkt. 1, D.N.D.)

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 Case 1:22-cv-00137-DLH-CRH           Document 1   Filed 08/23/22   Page 1 of 5

David Abrams, Attorney at Law
P.O. Box 3353 Church Street Station
New York, New York 10008

United States District Court                  TO BE FILED UNDER SEAL
District of North Dakota
___________________________________
                                          )
United States of America ex rel.          )
TZAC, Inc.,                               )
                                          )
                                          )
                       Plaintiff-Relator, )
                                          )
               - against -                )    Index No.:
                                          )
Education for Just Peace                  )    COMPLAINT
in Middle East a/k/a United States        )
Campaign for Palestinian Rights           )
                                          )
                                          )
                       Defendant.         )
____________________________________)
 Case 1:22-cv-00137-DLH-CRH              Document 1       Filed 08/23/22      Page 2 of 5

       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. More specifically,

the Defendant is primarily an advocacy organization and therefore categorically ineligible

for second-round PPP disaster relief funding.

II.    Parties

2.     Defendant Education for Just Peace in Middle East a/k/a United States Campaign

for Palestinian Rights ("USCPR" or "Defendant") is a not-for-profit corporation. As of

June 2020, Defendant formally registered to do business in North Dakota and started

filing annual reports there. A copy of USCPR's registration with the State of North

Dakota is attached hereto and incorporated herein by reference.

3.      On its web site, USCPR describes its activities as follows:

       USCPR is a political home for all who believe that freedom for the Palestinian
       people is an integral part of achieving our collective liberation. We provide
       resources and strategic support to the U.S.-based Palestine solidarity movement,
       channeling grassroots power into positive change in U.S. policy and public
       opinion. We work with local organizers and activists, policymakers, movement
       leaders, media, and advocacy organizations to advance a rights-based,
       accountability and justice-oriented framework from the U.S. to Palestine.

4.     Indeed, according to Ahmad Abuznaid, the Executive Director of USCPR, the

"stated goal" of the organization is to "end the military funding to the State of Israel from

the United States."

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

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

York, County of Delaware.


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 Case 1:22-cv-00137-DLH-CRH               Document 1       Filed 08/23/22     Page 3 of 5

III.   Compliance With Requirements of Suit

6.     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 and Relator's disclosure of

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

Attorney for the District in which this matter is filed.

7.     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

8.      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 is transacting business in North Dakota as

set forth above. To be clear, Defendant's activities in North Dakota are not the basis of

personal jurisdiction. Since the False Claims Act is a nationwide service of process

statute, it is the Defendant's contacts with the United States as a whole which are the

basis for personal jurisdiction. North Dakota is simply the chosen venue.

V.     The Fraudulent Scheme

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

Date                           Amount          Loan Number           Forgiven

April 29, 2021                 $155,052        4450228907            May 16, 2022

10.    In order to be eligible for this relief 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.



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 Case 1:22-cv-00137-DLH-CRH              Document 1        Filed 08/23/22    Page 4 of 5

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

in that the Defendant was clearly and primarily engaged in the type of political activities

which render persons ineligible for second-round PPP disaster relief.

12.    As a result of its fraudulent certification, USCPR received some $155,052 in

funds of the United States which it would not otherwise have received.

VI.    Cause of Action

13.    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)

14.    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.")

15.    Thus, the certifications of USCPR violated the False Claims Act because they

were false and required for eligibility for Second Round PPP monies.

VII.   Relief Sought

16.    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.

17.     USCPR received some $155,052 in Second Round PPP Relief. These funds

would have been received as a result of the fraudulent certification described above.

                                 [continued on next page]




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 Case 1:22-cv-00137-DLH-CRH              Document 1        Filed 08/23/22       Page 5 of 5



18.    Accordingly, Relator seeks judgment in the amount of $465,156 against USCPR

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
       August 23, 2022




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