Oracle Corporation et al v. SAP AG et al

Filing 738

Declaration of Thomas S. Hixson in Support of 737 MOTION in Limine Plaintiffs' Motions In Limine filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Exhibit Exhibit V, # 23 Exhibit Exhibit W, # 24 Exhibit Exhibit X, # 25 Exhibit Exhibit Y, # 26 Exhibit Exhibit Z, # 27 Exhibit Exhibit AA, # 28 Exhibit Exhibit BB, # 29 Exhibit Exhibit CC, # 30 Exhibit Exhibit DD, # 31 Exhibit Exhibit EE, # 32 Exhibit Exhibit FF, # 33 Exhibit Exhibit GG, # 34 Exhibit Exhibit HH, # 35 Exhibit Exhibit II, # 36 Exhibit Exhibit JJ, # 37 Exhibit Exhibit KK)(Related document(s) 737 ) (Howard, Geoffrey) (Filed on 8/5/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 738 Att. 37 EXHIBIT KK Dockets.Justia.com 8/3/2010 United States Files Complaint Against ... Hom e Briefing Room Justice News Pr i n t er Friendly Depart m ent of Justice Offic e of Public Affairs FOR IMMEDIATE RELEASE Th u r sd a y , July 29, 201 0 Unit ed States Files Complaint Against Oracle Alleging Cont rac t Fraud WA SHI NGTON The United States has interv e n e d and filed a complaint under the False Claims A c t against Oracle Corporation and Oracle America Inc. The gov e r nm e nt alleges that Oracle d e fr a u d e d the United States on a General Serv ic e s Administration (GSA) software contract that w a s in effect from 1 9 9 8 to 2006 and inv o lv e d hundreds of millions of dollars in sales. Und e r the contract, GSA used Oracle's disclosures about its commercial sales practices to ne go t ia t e the minimum discounts for gov e r nm e nt agencies who bought Oracle software. The c o n t r a c t required Oracle to update GSA when commercial discounts improv e d and ex t e nd the s a m e improv e d discounts to gov e r nm e n t customers. The suit contends that Oracle m is r e p r e s e nt e d its true commercial sales practices, ultimately leading to gov e r nm e nt c u s t o m e r s receiv in g deals far inferior to those Oracle gav e commercial customers. "We take seriously allegations that a gov e r nm e nt contractor has dealt dishonestly with the Unit e d States," said Tony West, Assistant Attorney General for the Civ il Div is io n of the De p a r t m e nt of Justice. "When contractors misrepresent their business practices to the go v e r n m e n t , tax p a y e r s suffer." Th e suit was originally filed on by Paul Frascella, Senior Director of Contract Serv ic e s at Oracle. Th e False Claims Act allows priv a t e citizens with knowledge of fraud to file whistleblower suits o n behalf of the United States and share in any recov e r y . If the United States interv e n e s in the a c t io n and prov e s that a defendant has knowingly submitted false claims, it is entitled to recov e r t h r e e times the damage that resulted and a penalty of $5,500 to $1 1 , 0 0 0 per claim. A ss is t a nt Attorney General West acknowledged the inv e s t iga t iv e efforts of the Justice De p a r t m e nt 's Civ il Div is io n, the U.S. Attorney 's Office for the Eastern District of V ir ginia , and the Ge ne r a l Serv ic e s Administration's Office of Inspector General. The Civ il Div isio n and the U.S. A t t o r ne y 's Office for the Eastern District of V ir ginia will litigate this matter on the gov e r nm e nt 's b e h a lf. The suit is United States ex rel. Frascella v. Oracle Corp. et al., No. 1 :0 7 c v :5 2 9 (E. D. V a . ). Th is case was inv e st iga t e d as part of a National Procurement Fraud Initiativ e . In October 2006, t h e Deputy Attorney General announced the formation of a National Procurement Fraud Task Fo r c e designed to promote the early detection, identification, prev e nt io n and prosecution of p r o c u r e m e nt fraud associated with the increase in gov e r nm e nt contracting activ it y for national s e c u r it y and other gov e r nm e nt programs. The Procurement Fraud Task Force is chaired by the A ss is t a nt Attorney General for the Criminal Div isio n and includes the Civ il Div is io n , the U.S. A t t o r ne y s ' Offices, the FBI, the U.S. Inspectors General community and a number of other fe d e r a l law enforcement agencies. This case, as well as others brought by members of the task fo r c e , demonstrate the Justice Department's commitment to helping ensure the integrity of the go v e r n m e n t procurement process. 1 0 -8 7 3 Civ il Div is io n Re p o r t a Crime Ge t a Job Lo c a t e a Prison, Inmate, or Sex Offe nd e r A p p ly for a Grant Su b m it a Complaint Re p o r t Waste, Fraud, Abuse or Mis c o nd u c t to the Inspector General Find Sales of Seized Property Find Help and Information for Crime V ic t im s Re gis t e r , Apply for Permits, or Request Re c o r d s I d e n t ify Our Most Wanted Fugitiv e s Find a Form Re p o r t and Identify Missing Persons Co nt a c t Us justice.gov/opa/pr/.../10-civ-873.html 1/2

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