Notice of Election to Intervene in Part — U.S. ex rel. Falzarano v. Kingwood International Resort (Dkt. 26, M.D. Fla.)

Summary

The United States of America's Notice of Election to Intervene in Part for Purposes of Settlement and to Decline to Intervene in Part, in United States of America ex rel. Maria Falzarano v. Kingwood International Resort, LLC, et al., Case No. 6:20-cv-976, in the United States District Court, Middle District of Florida, Orlando Division. The United States notifies the Court that it intervenes in part for purposes of settlement pursuant to 31 U.S.C. § 3730(b)(2) and (4) of the False Claims Act, reports an amicable resolution with defendant Kingwood Orlando Reunion Resort, LLC, and declines to intervene as to all other Defendants. It requests that the Relator's Complaint, the Court's Orders and the Notice be unsealed, with other papers remaining under seal. A Certificate of No Service is dated March 14, 2023.

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UNITED STATES DISTRICT COURT i,
MIDDLE DISTRICT OF FLORIDA | AN
ORLANDO DIVISION *h40

UNITED STATES OF AMERICA eee
ex rel. MARIA FALZARANO,

Plaintiff-Relator, FILED UNDER SEAL

Vv. Case No. 6:20-cv-976-Orl-3 7EJK

KINGWOOD INTERNATIONAL
RESORT, LLC; KINGWOOD
ORLANDO REUNION RESORT,
LLC; APDC CLEANING SERVICES,
LLC; FARBOD ZOHOURI, RICHARD
NASSER; ANTHONY CARLL; and
FIDEL. HERNANDEZ,

Defendants.
/

UNITED STATES OF AMERICA’S NOTICE OF ELECTION TO
INTERVENE IN PART FOR PURPOSES OF SETTLEMENT
AND TO DECLINE TO INTERVENE IN PART

The United States of America respectfully notifies the Court that it hereby
intervenes, in part, for the purposes of settlement pursuant to 31 U.S.C. § 3730(b)(2)
and (4) of the False Claims Act, and declines to intervene in part of this action, as set
forth herein.

i, Relator filed this gui tam action under the False Claims Act, 31 U.S.C.

§§ 3729 — 3733 on June 20, 2020.
2. The United States has sought several extensions of the investigative
period to conduct its investigation and make a determination as to intervening in this
matter.

3. The United States has reached an amicable resolution of this matter
with Kingwood Orlando Reunion Resort, LLC, one of the defendants that allegedly
submitted or caused to be submitted the claims identified in the Relators’ complaint.
The United States; Kingwood Orlando Reunion Resort, LLC; non-defendant
Kingwood Crystal River Resort, Corp.; and Relator are in the process of executing a
settlement agreement. The United States intervenes in the action as to defendant
Kingwood Orlando Reunion Resort, LLC.

4. The United States declines to intervene as to all other Defendants.

3). Per the terms of the settlement agreement, the United States and
Relator anticipate filing a Joint Stipulation of Dismissal after receipt of the settlement
payment.

6. The United States requests that the Relator’s Complaint, the Court’s
Orders, this Notice, and all subsequent filings in this action be unsealed. The United
States requests that all other papers on file in this action remain under seal because in
discussing the content and extent of the United States’ investigation, such papers are
provided by law to the Court alone for the sole purpose of evaluating whether the

seal and time for making an election to intervene should be extended.
A proposed order accompanies this notice.

Respectfully Submitted,

BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Civil Division

ROGER B. HANDBERG
United States Attorney

By: hon iz
R. BLOOR
stant U.S. Attorney
lorida Bar No. 0071497

U.S. Attorney’s Office

400 West Washington St., Suite 3100
Orlando, FL 32801

Tele. (407) 648-7500

Fax (407) 648-7588
Jeremy.Bloor@usdoj.gov

JAMIE A. YAVELBERG
ALLISON CENDALI
JARED S. WIESNER
Attorneys, Civil Division
U.S. Department of Justice
175 N Street, NE, 9th Floor
Washington, D.C. 20002
Tel.: (202) 353-1274
jared.s.wiesner2@usdoj.gov
CERTIFICATE OF NO SERVICE

I HEREBY CERTIFY that on March 14, 2023, a true and correct copy of the
foregoing notice was sent by United States mail to the following:

James D. Young

Juan Martinez

MORGAN & MORGAN
76 S. Laura St. Ste. 1100

Jacksonville, FL 32202 Lg BA
loor
t United States Attorney


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