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Home Source documents United States’ Notice of Intervention in Part for Purposes of Settlement — No. 1:24-cv-849 (Dkt. 11, E.D. Va.)

United States’ Notice of Intervention in Part for Purposes of Settlement — No. 1:24-cv-849 (Dkt. 11, E.D. Va.)

Summary

In this notice dated February 5, 2025 in the Eastern District of Virginia, Alexandria Division, No. 1:24-cv-849, filed under seal and ex parte, the United States advises the Court of its decision to intervene in part, for purposes of settlement, in the False Claims Act case brought by Relator The Tarbell Group, LLC, as to Defendants Cheers, Employee Activity Association, Inc. (EAA) and National Association of Telecommunications Officers and Advisors (NATOA). The notice says the parties have reached separate settlements and that the United States and Relator are filing a Joint Stipulation of Dismissal as to those defendants. The United States asks the Court to unseal the complaints, this notice and later filings while keeping other filings under seal, and says it is continuing its investigation of the remaining defendants.

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Full text

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                             IN THE UNITED STATES DISTRICT COURT                                    j   ^

                             FORTHE EASTERN DISTRICT OF VIRGINIA
                                         Alexandria Division



UNITED STATES OF AMERICA exrel.                         )
THE TARBELL GROUP, LLC,                                 )
                                                        )
               Plaintiffs,                              )     No. 1:24-cv-849-LMB
                                                         )    FILED UNDER SEAL
                         V.                             )     Pursuant to 31 U.S.C. § 3730(b)(2)
                                                      . )
CHEERS, et al.                                          )      FILED EX PARTE
                                                        )
                         Defendants.                    )
                                                       :)

   UNITED STATES’ NOTICE OF INTERVENTION IN PART FOR PURPOSES OF
SETTLEMENT AS TO DEFENDANTS CHEERS, EMPLOYEE ACTIVITY ASSOCIATION,
  INC., and NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND
                              ADVISORS and REQUEST TO UNSEAL

        The United States, Relator The Tarbell Group, LLC (“Relator), and. Defendants Cheers,

Employee Activity Association, Inc. (EAA), and National Association of Telecommunications
Officers and Advisors (NATOA) (“Defendants”) have reached separate settlements. In light of

these settlement agreements, pursuant to the False Claims Act, 31 U.S.C. §§ 3730(b)(2) and (4),

the United States respectfully advises the Court of its decision to intervene in this action in part

for the purposes of settlement as to Defendants Cheers, EAA, and NATOA.
        At the time of filing this Notice of Intervention, the United States and Relator are filing a

Joint Stipulation of Dismissal as to Defendants Cheers, EAA, and NATOA.

        Finally, the United States hereby requests that the Court unseal the Relator’s Complaint,

the Relator’s Amended Complaints, this Notice of Intervention, and all subsequent filings

following this Notice of Intervention. The United States respectfully requests that all other

filings in this matter remain under seal-and not be made public 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.    The United States is continuing its investigation as to the remaining

defendants named in the Relator’ Amended qui tarn Complaint.

         A Proposed Order accompanies this filing.


                                              Respectfully submitted,

Dated:   February 5, 2025
                                              ERIK S.^IEBERT
                                              Uni ed St^es Attorney

                                      By:

                                              GM
                                              Assisjam U.S. Attorney
                                              CounsW for the United States
                                              2100 Jamieson Avenue .
                                              Alexandria, Virginia 22314
                                              Tel:   (571)217G540
                                              Fax: (703)299-3983
                                              Email:   Gina.Kim@usdoj .gov
                              CERTIFICATE OF SERVICE


     I HEREBY CERTIFY that on this 5 day of February 2025, I emailed a copy of the United

States’ NOTICE OF INTERVENTION IN PART FOR PURI^OSES OF SETTLEMENT AS TO


DEFENDANTS CHEERS, EMPLOYEE ACTIVITY ASSOCIATION, INC., and NATIONAL

ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS and REQUEST

TO UNSEAL to:


     Bruce Ellis Fein                             /
     Counsel for Relator The Tarbell Group,
     bruce@newdream.net                       /



                                        Assist^tHTS. Attorney
                                        Counsel for the United States
                                        2100 Jamieson Avenue
                                        Alexandria, Virginia 22314
                                        Tel:   (571)217-3540
                                        Fax: (703)299-3983
                                        Email: Gina.Kim@usdoj.gov


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