United States v. Gardner, Civil Action No. 5830.
| Decision Date | 09 July 1947 |
| Docket Number | Civil Action No. 5830. |
| Citation | 73 F. Supp. 644 |
| Parties | UNITED STATES v. GARDNER et al. |
| Court | U.S. District Court — Northern District of Alabama |
George W. Meuth, Sp. Asst. Atty. Gen., John D. Hill, U. S. Atty., and Wm. H. Burton, Asst. U. S. Atty., both of Birmingham, Ala., for the United States.
Taylor & Jeffrey, of Birmingham, Ala., for defendants.
The above entitled and numbered action having come on for hearing on June 19, 1947, and the Court having duly considered the pleadings, the evidence introduced during the trial, the oral argument of counsel for the respective parties, and being sufficiently advised in the premises hereby makes the following findings of fact and conclusions of law:
Findings of Fact.
1. This is a civil action instituted by the United States of America under the provisions of Sections 3490-3492, and Section 5438 of the Revised Statutes of the United States, 31 U.S.C.A. §§ 231-233, to recover the forfeitures and double damages provided by Section 3490 on account of certain acts alleged to have been committed by the defendants in violation of Section 5438 in connection with the furnishing of Butane Gas to certain Federal housing projects located at or near the towns of Sylacauga and Childersburg, State of Alabama.
2. At all times hereinafter mentioned the defendant Cecil Gardner was doing business in Sylacauga, Alabama, under the name of Automatic Gas Company, and the defendant James A. Bushnell was the manager of the aforementioned housing projects. Neither of said defendants is in the military or naval services of the United States, or in the militia called into or actually employed in the service of the United States.
3. The Federal Public Housing Authority is an agency of the United States. That the United States, acting by and through this agency, acquired the aforementioned housing projects, and that during the time referred to herein was the owner of said projects.
4. The Childersburg Housing Authority and the Sylacauga Housing Authority are public corporations created in the State of Alabama pursuant to the Housing Authorities Act of Alabama of 1935, as amended, Code 1940, Tit. 25, § 5 et seq.
5. That the United States acting by and through the Federal Public Housing Authority leased the aforementioned housing projects to the aforementioned Alabama housing authorities; the housing projects located at Childersburg having been leased to the Childersburg Housing Authority and the housing projects located at Sylacauga having been leased to the Sylacauga Housing Authority. The contracts of lease and rental covering the Childersburg housing projects being dated as follows: Contract covering Housing Project Ala-1071 dated January 28, 1942; contract covering Housing Project Ala-1075 dated April 16, 1942; and covering Housing Project Ala-1078 dated February 15, 1942. The contracts of lease and rental covering the Sylacauga Housing Projects being dated as follows: Contract covering Housing Project Ala-1072 dated September 25, 1941; contract covering Housing Project Ala-1076 dated April 16, 1942.
6. That each of said indentures of lease and rental provided for the advancement by the United States acting by and through the Federal Public Housing Authority, of initial operating expenses to said authorities; provided that said Authority would have complete supervision as to the selection of tenants, as to the rentals to be charged, and all of the details of operation by the aforesaid housing projects, including the selection of a manager for said projects. That pursuant to the aforementioned contract provisions James A. Bushnell was selected as the manager for the Childersburg housing projects and as manager for the Sylacauga housing projects. That during the period covered by the complaint herein James A. Bushnell acted as the manager for the aforementioned housing projects.
7. That under the provisions of the aforementioned indentures of lease and rental the United States of America was to receive quarterly rental payments in an amount equal to the net revenues of the aforementioned projects, the net revenues being the amount remaining after payment of costs of operation and maintenance, including the cost of Butane Gas furnished to the projects.
8. That the United States of America entered into certain contracts with Cecil Gardner, doing business as the Automatic Gas Company, whereby the defendant Cecil Gardner contracted to furnish Butane Gas to the aforementioned housing projects. The contracts for the respective housing projects being as follows: Ala-1072 dated September 25, 1941; Ala-1071 dated January 28, 1942; Ala-1075 dated April 16, 1942; Ala-1076 dated April 16, 1942; Ala-1078 dated February 15, 1943.
9. The defendants entered into and engaged in an agreement, combination and conspiracy to defraud the United States by obtaining the payment and allowances of false, fictitious and fraudulent claims.
(a) In pursuance of said conspiracy the defendant Gardner submitted to the defendant Bushnell, as manager of the aforementioned...
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