AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 138

LARGE ADDITIONAL ATTACHMENT(S) by PUBLIC.RESOURCE.ORG, INC. 136 Second MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 137 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38 FILED UNDER SEAL, # 39 Exhibit 39 FILED UNDER SEAL, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49 FILED UNDER SEAL, # 50 Exhibit 50 FILED UNDER SEAL, # 51 Exhibit 51 FILED UNDER SEAL, # 52 Exhibit 52 FILED UNDER SEAL, # 53 Exhibit 53 FILED UNDER SEAL, # 54 Exhibit 54 FILED UNDER SEAL, # 55 Exhibit 55 FILED UNDER SEAL, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58 FILED UNDER SEAL, # 59 Exhibit 59 FILED UNDER SEAL, # 60 Exhibit 60 FILED UNDER SEAL, # 61 Exhibit 61 FILED UNDER SEAL, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69 FILED UNDER SEAL)(Bridges, Andrew)

EXHIBIT 48

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 1:12-cv-21431-COOKE/TORRES
UNITED STATES OF AMERICA
and THE STATE OF FLORIDA,
ex rel JUAN PEÑA,
Plaintiffs/Relator
vs.
FASTTRAIN II CORP.,
d/b/a FASTTRAIN COLLEGE,
an administratively dissolved for profit
Florida corporation and
ALEJANDRO AMOR,
an Individual,
Defendants.
___________________________________________/
UNITED STATES OF AMERICA’S AND STATE OF FLORIDA’S
COMPLAINT IN INTERVENTION
Plaintiffs, the United States of America (“United States”) and the State of Florida
(“Florida”) through their undersigned counsel, represent as follows:
I.

INTRODUCTION
1.

The United States brings this action to recover treble damages, civil penalties,

and costs under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33, and to recover
damages and other monetary relief under the common law and equitable theories of unjust
enrichment and payment by mistake.
2.

Florida brings this action to recover treble damages, civil penalties, and costs

under the Florida False Claims Act, §§ 68.081-68.09, Florida Statutes, and to recover

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damages and other monetary relief under the common law and equitable theories of unjust
enrichment and payment by mistake.
3.

This action arises from false statements and claims that Defendants FastTrain

II Corp. d/b/a FastTrain College (“FastTrain”) and its President and Chief Executive
Officer Alejandro Amor, listed in the caption (collectively “Defendants”), knowingly
presented to, or caused to be presented to, the United States and the United States
Department of Education (“Department of Education”), and Florida, in violation of the
FCA, the Florida False Claims Act and common law.
4.

Defendants knowingly presented and/or made, or caused to be presented

and/or made, the false claims and statements at issue, in order to participate in the federal
student aid programs authorized pursuant to Title IV of the Higher Education Act of 1965
(“HEA”), as amended, 20 U.S.C. §§ 1070 et seq. (“Title IV, HEA Programs”). The Title IV,
HEA programs, which are administered by the Department of Education, provide students
with financial aid in the form of, among other things, Federal Pell Grants, Federal Direct
Loans, and formerly, loans guaranteed by the Federal Government. From at least January
1, 2009 through June 22, 2012 when Defendants closed FastTrain, Defendants knowingly
submitted, or caused to be submitted, numerous false claims for payment to the Department
of Education arising from Defendants’ fraudulent course of conduct.
5.

In order to be eligible to receive federal funding under Title IV, FastTrain was

required to adhere to a variety of regulations related to the operation of its for-profit,
proprietary schools. See, e.g., 34 C.F.R. Parts 600, 668. FastTrain entered into contractual
agreements with the Department of Education, each signed by Defendant Alejandro Amor,

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called Program Participation Agreements (“PPAs”), in which FastTrain specifically agreed
to abide by these regulations. Execution of these PPAs with the Department of Education
was a condition precedent to FastTrain’s eligibility to receive federal funding under Title IV
of the HEA. FastTrain also certified each time it drew down federal grant monies that the
funds were being expended in accordance with the conditions of the applicable PPAs.
6.

During all times material hereto, Title 34 Code of Federal Regulations [34

C.F.R.] § 668.32 provided, among other things, that:
A student is eligible to receive title IV, HEA program assistance if the
student—
(e)(1) Has a high school diploma or its recognized equivalent;
...
(f) Maintains satisfactory progress in his or her course of study
according to the institution’s published standards of satisfactory progress
that satisfy the provisions of § 668.16(e), and, if applicable, the
provisions of § 668.34;
...
FastTrain agreed that it would comply with these and other requirements in each PPA it
executed.
7.

Beginning in at least January 1, 2009 and continuing through its closure in

2012, FastTrain engaged in a widespread scheme to defraud the Department of Education
in order to receive federal funding it would not otherwise have been entitled to receive.
8.

FastTrain made false statements and concealed material information from the

Department of Education in order to ensure that it would continue to receive federal
funding under Title IV of the HEA. For example, FastTrain and its employees knowingly
submitted and/or caused to be submitted false information relating to the eligibility of
students to receive title IV, HEA program assistance, by providing false documentation that
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students had high school diplomas or its recognized equivalent, when such students did not
have such credentials.
9.

FastTrain engaged in fraudulent conduct in an attempt to secure federal aid

for students who, but for FastTrain’s conduct, would have been ineligible for assistance
under Title IV of the HEA. For instance, FastTrain fabricated high school diplomas of
some of its prospective students at some of its campuses in order to permit unqualified
students to enroll at FastTrain. FastTrain then improperly received and retained Title IV
assistance for those unqualified students. FastTrain also told prospective students who did
not have high school diplomas or their equivalency that they could enroll and receive
federal financial assistance if they attended FastTrain. FastTrain instructed and counseled
certain ineligible prospective students to provide false high school completion attestations
and further coached certain prospective ineligible students to lie on Free Application for
Federal Student Aid (“FAFSA”) documentation. FastTrain also improperly received and
retained Title IV assistance for those unqualified students.
10.

FastTrain also routinely altered attendance records of students who were not

meeting minimum requirements. FastTrain kept students on its attendance rolls - and, as
such, federal financial aid recipient list – when students were not attending FastTrain.
Finally, FastTrain employees falsified financial aid records in order to secure more federal
funding for students than the students were eligible to receive.
11.

Defendants’ conduct was knowing and material to FastTrain’s continued

eligibility to participate in the Title IV programs. As a result of Defendants’ fraudulent
scheme and its false representations of Title IV eligibility, FastTrain has received millions of

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dollars of Title IV financial aid that it otherwise would not have received but for its conduct.
II.

JURISDICTION AND VENUE
12.

This Court has subject matter jurisdiction over the United States’ claims

brought under the FCA, 31 U.S.C. §§ 3279, et seq., pursuant to 31 U.S.C. §§ 3730 and 3732.
This Court has supplemental jurisdiction to entertain the common law and equitable causes
of action under 28 U.S.C. § 1367(a).
13.

This Court has personal jurisdiction over Defendants pursuant to 31 U.S.C. §

3732(a) because at all times material hereto, Defendants transacted business and are found
in this district, and acts proscribed by 31 U.S.C. § 3729 occurred in this district.
14.

Venue is proper in this district pursuant to 31 U.S.C. § 3732(a), and under 28

U.S.C. §§ 1391(b) and 1395(a), because FastTrain is an administratively dissolved Florida
corporation that did business and was headquartered in Miami-Dade County within this
district.

Moreover, Alejando Amor resides and does business in Miami-Dade County

within this district. Furthermore, certain of the acts that form the basis of this Complaint
occurred in this district.
III.

PARTIES
15.

Plaintiffs are:
a. The United States, acting on behalf of the Department of Education.
The Department of Education is a federal agency that, among other
things, administers the student financial assistance provisions under
Title IV of the HEA.
b. Florida, acting on behalf of the Florida Department of Education.

16.

Relator Juan Peña (“Peña” or “Relator”) is a resident of Miami-Dade
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County, Florida. Peña was an admissions employee of FastTrain. Although having no
prior college admissions experience, Peña was recruited and commenced his employment at
FastTrain as an admissions representative on December 21, 2010 and was laid off on May
25, 2012 after being informed that FastTrain was having cash flow problems and needed to
downsize.

Peña started at the FastTrain-Flagler campus and after being trained by

FastTrain admissions executives, became immensely successful at recruiting ineligible
students for FastTrain. Peña was eventually promoted to the position of Assistant Director
of Admissions at FastTrain’s Flagler campus. In May 2011, Peña was promoted to be the
Director of Admissions for FastTrain’s Plantation campus.1
17.

Defendant FastTrain is an administratively dissolved Florida corporation. At

times material hereto, FastTrain, whose principal place of business was located in MiamiDade County, Florida, was a privately-held, for-profit proprietary college that awarded
career diplomas and industry certifications in several career fields. At times material hereto,
FastTrain operated seven campuses in Florida in Miami-Dade, Broward, Hillsborough,
Pinellas and Duval counties.
18.

Defendant Alejandro Amor was at times material hereto, the owner,

President and Chief Executive Officer of FastTrain. He is a resident of and does business in
Miami-Dade County, Florida.

1

Peña originally brought this complaint in his capacity as a Relator on behalf of the
United States and Florida, against Defendant FastTrain II Corp. then doing business as
FastTrain College, for violating the federal FCA and the Florida False Claims Act.
Peña also asserted claims in his original complaint on behalf of himself against
Alejandro Amor and Chris Amor for violations of the overtime provisions of the Fair
Labor Standards Act, 29 U.S.C. § 207 (“FLSA”'). The United States and Florida have
intervened only on the claims set forth in this Complaint in Intervention.
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IV.

FEDERAL AND FLORIDA STATUTORY BACKGROUND
19.

The United States alleges that, from at least January 1, 2009 through June 22,

2012, Defendants violated the FCA by “knowingly” submitting and/or causing the
submission of false claims for payment to the Department of Education in the form of Free
Applications for Federal Student Aid (FAFSA) and the resulting drawdowns of Title IV
funds related to each approved FAFSA. These claims for payment were false because
FastTrain: (1) made knowingly false statements and promises in its PPAs, and in
certifications accompanying its drawdowns of federal aid, that it was complying with, and
would continue to comply with, applicable laws and regulations governing the award of
Title IV funding; and/or (2) made, or caused to be made, false representations in grant and
loan applications that the students seeking federal financial aid were eligible to receive such
aid.
20.

Florida similarly alleges from at least January 1, 2009 through June 22, 2012,

Defendants violated the Florida False Claims Act as alleged further below in Counts VI and
VII.
A.

The Federal False Claims Act

21.

The FCA, as amended by the Fraud Enforcement and Recovery Act of 2009

(FERA), Pub. L. 111-21, § 4(f), 123 Stat. 1617, 1625 (2009), provides in pertinent part that a
person is liable to the United States government for three times the amount of damages the
government sustains because of the act of that person, plus a civil penalty, for each instance
in which the person “knowingly presents, or causes to be presented, a false or fraudulent
claim for payment or approval.” 31 U.S.C. § 3729(a)(l)(A) (2009). Prior to the FERA
amendments, the FCA provided that a person is liable to the United States government for
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each instance in which the person “knowingly presents, or causes to be presented, to an
officer or employee of the United States Government...[a] false or fraudulent claim for
payment or approval.” 31 U.S.C. § 3729(a)(l) (2006).
22.

As amended by FERA, the FCA also makes a person liable to the United

States government for three times the amount of damages which the government sustains
because of the act of that person, plus a civil penalty, for each instance in which the person
“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. § 3729(a)(1)(B) (2009). The FCA, prior to the
FERA amendments, provided that a person is liable to the United States government for
each instance in which the person “knowingly makes, uses, or causes to be made or used, a
false record or statement to get a false or fraudulent claim paid or approved by the
Government.” 31 U.S.C. § 3729(a)(2) (2006).
23.

In addition, the FCA also makes a person liable to the United States

government for three times the amount of damages which the government sustains because
of the act of that person, plus a civil penalty, in which the person “conspires to commit a
violation of subparagraph (A), (B), (D), (E), (F), or (G)” of 31 U.S.C. § 3729(a)(1). 31
U.S.C. § 3729(a)(1)(C) (2009).
24.

The FCA defines the term “claim” to mean “any request or demand, whether

under a contract or otherwise, for money or property and whether or not the United States
has title to the money or property, that (i) is presented to an officer, employee, or agent of
the United States; or (ii) is made to a contractor, grantee, or other recipient, if the money or
property is to be drawn down or used on the Government’s behalf or to advance a

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Government program or interest, and if the United States Government (i) provides or has
provided any portion of the money or property requested or demanded; or (ii) will
reimburse such contractor, grantee, or other recipient for any portion of the money or
property which is requested or demanded....” 31U.S.C. § 3729(b)(2)(A) (2009).
25.

The FCA defines the terms “knowing” and “knowingly” to mean that a

person, with respect to information: (1) “has actual knowledge of the information;” (2) “acts
in deliberate ignorance of the truth or falsity of the information;” or (3) “acts in reckless
disregard of the truth or falsity of the information.” 31 U.S.C. § 3729(b)(1)(A) (2009). The
FCA further provides that “no proof of specific intent to defraud” is required. 31 U.S.C. §
3729(b) (2006); 31 U.S.C. § 3729(b)(1)(B) (2009).
B.

The Florida False Claims Act

26.

The Florida False Claims Act, provides in pertinent part that

Any person who:
(a) Knowingly presents or causes to be presented to an officer or
employee of an agency a false or fraudulent claim for payment or
approval;
(b) Knowingly makes, uses, or causes to be made or used a false record
or statement to get a false or fraudulent claim paid or approved by an
agency; [or]
(c) Conspires to submit a false or fraudulent claim to an agency or to
deceive an agency for the purpose of getting a false or fraudulent claim
allowed or paid;
...
is liable to the state for a civil penalty of not less than $5,500 and not
more than $11,000 and for treble the amount of damages the agency
sustains because of the act or omission of that person.
§68.082 (2), Florida Statutes.
27.

The Florida False Claims Act defines the term “claim” to include
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any written or electronically submitted request or demand, under a
contract or otherwise, for money, property, or services, which is made
to any employee, officer, or agent of an agency, or to any contractor,
grantee, or other recipient if the agency provides any portion of the
money or property requested or demanded, or if the agency will
reimburse the contractor, grantee, or other recipient for any portion of
the money or property requested or demanded.
§68.082 (1)(b), Florida Statutes
28.

The Florida False Claims Act provides that the term “knowing” or

“knowingly” means, with respect to information, that a person:
1. Has actual knowledge of the information;
2. Acts in deliberate ignorance of the truth or falsity of the
information; or
3. Acts in reckless disregard of the truth or falsity of the information.
No proof of specific intent to defraud is required. Innocent mistake shall
be a defense to an action under this act.
§68.082 (1)(c), Florida Statutes.
29.

In addition, the term “Agency” as used in the Florida False Claims Act

means:
any official, officer, commission, board, authority, council, committee,
or department of the executive branch of state government.
§68.082 (1)(a), Florida Statutes. The term “State government” means “the government of
the state or any department, division, bureau, commission, regional planning agency, board,
district, authority, agency, or other instrumentality of the state.” §68.082 (1)(d), Florida
Statutes.
C.

The Title IV, HEA Programs

30.

Under Title IV of the HEA, 20 U.S.C. §§ 1070 et seq., Congress established

various student loan and grant programs, including but not limited to, the Federal Pell
Grant Program (“Pell”, “Pell Grant” or “Pell Grants”), the Federal Family Education Loan
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(“FFEL”) Program, and the Federal Direct Loan (“FDL”) Program in order to financially
assist eligible students in obtaining a post-secondary education (collectively the “Title IV,
HEA Programs”).
D.

Federal Regulations Governing Title IV Funding

31.

There are a variety of federal statutes and regulations that govern the award of

Title IV, HEA program funds. First, only “eligible” students are permitted to receive federal
financial aid under Title IV of the HEA. In order to qualify as an eligible student, a student
must meet the requirements of 34 C.F.R. § 668.32. Among other things, the student must
have a high school diploma or its recognized equivalent, unless an enumerated exception
applies (such as, during the relevant time period, having “obtained a passing score specified
by the Secretary on an independently administered test”); and must be maintaining
satisfactory academic progress in his or her course of study according to the school’s
published standards, and in accordance with federal guidelines.

34 C.F.R. §§ 668.32,

668.34.
32.

An institution may only retain Title IV funds that it earns. When a student

withdraws without completing a program of instruction, an institution must calculate the
amount of Title IV funds that it can retain and refund to the Department of Education and
the student any excess funds that it has not earned. 34 C.F.R. § 668.22.
33.

The Department of Education has the authority to revoke or terminate an

institution’s PPA if it is found to have engaged in substantial misrepresentation. 34 C.F.R.
§§ 668.13(d); 668.86(a)(1)(ii)(A).
E.

PPAs

34.

All post-secondary educational institutions must enter into PPAs with the
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Department of Education in order to become eligible to receive payment of Title IV funds
under programs such as Pell, FFEL Program, or FDL Program, or to have its students
receive Title IV funding. 20 U.S.C. § 1094; 34 C.F.R. § 668.14.
35.

“A program participation agreement conditions the initial and continued

participation of an eligible institution in any Title IV, HEA program upon compliance with
the provisions of this part, the individual program regulations, and any additional
conditions specified in the program participation agreement that the Secretary requires the
institution to meet.” 34 C.F.R. § 668.14(a)(1).
36.

By signing a PPA, an educational institution agrees that its participation in

Title IV, HEA Programs, including receiving payment of Title IV funds, is “subject to the
terms and conditions set forth in [the PPA].”
37.

Each PPA expressly conditions a school’s initial and continuing eligibility to

receive payment under Title IV, HEA Programs on compliance with specific statutory
requirements that include the proper determination of student eligibility for these funds, and
compliance with all institutional eligibility requirements, such as those set forth in the above
paragraphs.
F.

Claims for Payment under Title IV Programs

38.

After a school becomes eligible to receive Title IV funding by entering into a

PPA, claims for payment of those funds can be made in various ways. Under Pell and FDL
Program, for example, students submit requests for funding directly to the Department of
Education, or to the Department of Education with the assistance of schools. Under the
FFEL Program, students and schools jointly submit requests to private lenders for loans that

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are then guaranteed by state agencies and are, in turn, insured by the Department of
Education and paid in the event of a default.
39.

With respect to all Title IV, HEA Programs, the disbursement of federal funds

rests on required statements of eligibility. Schools must make such statements for payment
requests to be considered.
40.

For all Title IV, HEA Programs, students who are interested in receiving

federal student aid must complete a FAFSA.
1.
41.

Title IV Loan Programs

The FDL Program is administered by the Office of Federal Student Aid.

Under the FDL Program, the federal government is the lender, and does not pay subsidies
to private lenders or guaranty agencies. The federal government borrows funds from the
U.S. Treasury and disburses the loan directly to the student at his or her school. The student
repays the loan directly to the government. Although the FDL Program is administered in
part by the U.S. Department of Education, the federal government pays private contractors
to handle most of the loan servicing tasks and defaulted loan collections.

Servicing

contracts are awarded through a competitive bidding process, and the current private
contractors that operate the FDL Program are the same contractors that handle servicing
tasks for private lenders in the FFEL Program and other financial businesses. Like the
FFEL Program, the FDL Program includes Direct Subsidized Stafford Loans, Direct
Unsubsidized Stafford Loans, Direct PLUS Loans, Direct Consolidation Loans.
42.

Under the FFEL Program, which includes subsidized and un-subsidized

Stafford Loans, a guaranty agency makes the eventual claim for payment by the United

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States. No new loans were made under FFEL Program after July 1, 2010. Prior to that
date, the school and student submitted an application to a private lender for a loan on behalf
of the student. If a student defaults in repaying a loan under the FFEL Program, a state or
private guaranty agency reimburses the lender or subsequent holder of the loan for the
outstanding balance and takes assignment of the loan for collection action. 34 C.P.R.§
682.401(b)(14).

If the guaranty agency is unable to collect from the borrower, the

Department of Education reimburses the guaranty agency for the loss it incurred in
honoring the defaulted claims, 20 U.S.C. § 1078(c)(l)(A), and the Department of Education
may, in its discretion, take assignment of the loan. 20 U.S.C. § 1078(c)(8). In this way, the
government is ultimately called upon to satisfy claims for payment.
43.

In order to participate in the FFEL Program or any other Title IV loan

program, as opposed to a grant program, a student completes a Master Promissory Note
(MPN) and submits the MPN to the educational institution.

The institution, in turn,

completes a “School Certification,” in which it certifies the accuracy of the information it
provided to the Department of Education and the student’s eligibility for the loan. 34
C.P.R. § 682.102. While the MPN itself is valid for ten years, the educational institution
determines the student’s ongoing eligibility for aid and completes the School Certification
annually.
44.

Under the FFEL Program, the educational institution submits the MPN to

the lender. Upon approval by the lender, the lender obtains a loan guarantee from a
guarantee agency. 34 C.F.R. § 682.102. The loan is made in reliance upon the accuracy of
the information provided by the educational institution.

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45.

The lender transfers the FFEL Program funds directly into the educational

institution’s account. Upon receiving the FFEL Program funds, the educational institution
credits a student’s account for education-related expenses, such as tuition, fees, books, and
supplies.
46.

For subsidized Stafford Loans, the government pays the interest on the

student’s behalf during the time the student is enrolled in school on at least a half-time basis,
and during the student’s grace period before repayment commences.

34 C.F.R. §

682.102(d)(2).
47.

In the event of default on the loan, the Department pays to the guarantee

agency all or part of the unpaid principal and accrued interest, as well as a variety of
administrative costs. 34 C.P.R.§ 682.404.
2.
48.

Title IV Grant Programs

Under the Pell Grant program, which provides federal funds to assist

post-secondary school students in financial need, 20 U.S.C. § 1070a; 34 C.F.R. § 690.1, the
student initiates the process by submitting a FAFSA to the Department of Education to
have the student’s expected family contribution (“EFC”) calculated in order to receive an
accurate amount of Pell funds. 34 C.P.R.§ 690.12(a). The student either sends the FAFSA
directly to the Department of Education or provides it to a school for the school to transmit
to the Department of Education on the student’s behalf. 34 C.P.R.§ 690.12(b).
49.

The Department of Education sends the student’s application information

and EFC to the student on a Student Aid Report (“SAR”) and sends each school the student
has designated an Institutional Student Information Record (“ISIR”) for that student. 34

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C.F.R. § 690.13.
50.

The school uses the above-described information, including the EFC, to

calculate the student’s eligibility for all aid and to assemble a “financial aid award package”
for the student borrower. The financial aid package may include Pell Grants, FDL Program
Direct Loans, or Campus-Based Aid (which, in tum, includes Federal Supplemental
Educational Opportunity Grants, Federal Work-Study, and Federal Perkins Loans), as well
as other scholarships or aid for which the student may be eligible.
51.

The student can accept all or part of the financial aid award package.

52.

If the student accepts a Pell Grant, an FDL Program Direct Loan (for which

the Department of Education is both lender and guarantor), or both a Pell Grant and a
Direct Loan, the school creates an electronic “origination” record that the school submits to
a Department of Education computerized database called “COD” - the Common
Origination and Disbursement system.

The origination record includes student

demographic data, the award or payment period, the award amount, and disbursement
dates and amounts. The COD database, in turn, links the information in the origination
record to another Department of Education database, called “CPS,” the Central Processing
System, which compares the information in the origination record to the information on the
student’s SAR and ISIR.
53.

Provided that the information submitted by the school is consistent with the

information possessed by the Department of Education, the Department of Education
makes funds available for the school to electronically draw down from a computerized
system known as “G5.”

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54.

Schools must electronically certify in G5 prior to drawing down the funds that

“by processing this payment request...the funds are being expended within three business
days of receipt for the purpose and condition[s] of the [Program Participation] agreement.”
55.

In addition to the Pell Grants themselves, the Department of Education also

pays to the school an annual administrative cost allowance of $5.00 for each student who
receives a Pell Grant, to be used to pay the costs of administering the Pell Grant and other
Title IV, HEA federal student aid programs. 20 U.S.C. § 1096; 34 C.P.R. § 690.10.
V.

FASTTRAIN'S PARTICIPATION IN TITLE IV, HEA PROGRAMS
A.

PPAs FastTrain Signed and Submitted

56.

FastTrain signed and submitted PPAs to the Department of Education on

behalf of all of FastTrain's campuses throughout Florida. The chart below identifies the
PPAs signed by FastTrain’s President, Alejandro Amor and the Department of Education
from 2009 through FastTrain’s closing.
FastTrain
Campus

OPE ID No. DUNS No.

Date PPA Signed Date
by
Alejandro Signed
Amor
DOE

Miami

04131900

808082924

3/13/2008

3/18/2009

6/30/2009

Jacksonville

04132200

789457475

4/24/2008

4/29/2008

6/30/2009

Ft. Lauderdale

04132000

867663085

6/18/2008

6/23/2009

6/30/2009

Tampa

04132100

113421858

6/12/2008

6/17/2008

6/30/2009

Miami

04131900

808082924

7/7/2010

7/9/2010

6/30/2014

Ft. Lauderdale

04132000

867663085

7/7/2010

7/9/2010

6/30/2014

Jacksonville

04132200

789457475

7/7/2010

7/9/2010

6/30/2014

Tampa

04132100

113421858

7/7/2010

7/9/2010

6/30/2014

57.

PPA PPA
Approval
by Expiration Date

The PPAs signed by Alejandro Amor on behalf of FastTrain state with
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emphasis in bold letters on the first page of the PPAs in a double-lined box that:
The execution of this Agreement by the Institution and
the Secretary is a prerequisite to the Institution's initial
or continued participation in any Title IV, HEA Program.
58.

By signing the PPAs, Alejandro Amor, on FastTrain’s behalf certified that

FastTrain would comply with Title IV of the HEA's requirements. In the first enumerated
paragraph of each PPA, all of the PPAs signed by Alejandro Amor on FastTrain’s behalf,
state:
1. The Institution understands and agrees that it is subject to and
will comply with the program statutes and implementing
regulations for institutional eligibility as set forth in 34 CFR Part
600 and for each Title IV, HEA program in which it participates,
as well as the general provisions set forth in Part F and Part G of
Title IV of the HEA, and the Student Assistance General
Provisions regulations set forth in 34 CFR Part 668.
The recitation of any portion of the statute or regulations in this
Agreement does not limit the Institution's obligation to comply with other
applicable statutes and regulations.
59.

Alejandro Amor also certified on behalf of FastTrain in each PPA that:

By entering into this Program Participation Agreement, the Institution
agrees that:
(1) It will comply with all statutory provisions of or applicable to Title
IV of the HEA, all applicable regulatory provisions prescribed under
that statutory authority, and all applicable special arrangements,
agreements, and limitations entered into under the authority of statutes
applicable to Title IV of the HEA, including the requirement that the
institution will use funds it receives under any Title IV, HEA program
and any interest or other earnings thereon, solely for the purposes
specified in and in accordance with that program;
60.

As described in greater detail below, FastTrain and Alejandro Amor

knowingly made false statements, certifications, and claims regarding FastTrain’s

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compliance with Department of Education regulations and the terms of its PPAs. In order
to secure greater federal funding, beginning in at least 2009, FastTrain was violating federal
regulations by, among other things, enrolling and maintaining enrollment for students who
were not eligible, and then concealed their ineligibility by fabricating documents.
61.

Alejandro Amor, on behalf of FastTrain, nevertheless executed the PPAs and

agreed that FastTrain would comply with applicable federal regulations and the terms of the
PPAs. FastTrain then drew down federal grant funds and again stated that the funds were
being used in accordance with the conditions of the PPAs.

Alejandro Amor’s and

FastTrain’s statements were false when made, and caused the Department of Education to
pay various claims under Title IV, HEA Programs that it would not have paid but for
FastTrain's fraud.
B.

Federal Funds Received from the Department of Education

62.

FastTrain has received substantial sums in Title IV funding from the

Department of Education as a result of its fraudulent conduct.
63.

During the period January 1, 2009 through FastTrain’s closing on June 22,

2012, FastTrain records reflect it received at least $10,844,531.00 in Title IV funds for
students enrolled at FastTrain’s Miami, Florida-Flagler and Kendall campuses as follows:
School Year

Pell Grants

FFEL

FDL

2008_09

$

400,501.00

$ 1,667,064.00

$

2009_10

$

573,963.00

$

825,502.00

2010_11

$

936,407.00

$

2011_12

$

1,188,195.00

$

$

3,099,066.00

Grand Total

64.

158,137.00

FWS/SE
$

Total Title IV
-

$ 2,225,702.00

$ 1,158,134.00

$ 13,292.00

$ 2,570,891.00

1,055.00

$ 1,363,314.00

$ 38,229.00

$ 2,339,005.00

-

$ 2,506,494.00

$ 14,244.00

$ 3,708,933.00

$ 2,493,621.00

$ 5,186,079.00

$ 65,765.00

$ 10,844,531.00

During the period January 1, 2009 through FastTrain’s closing on June 22,

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2012, FastTrain records reflect it received at least $10,109,186.00 in Title IV funds for
students enrolled at FastTrain’s Plantation, Florida and Pembroke Pines, Florida campuses
as follows:
School Year

Pell Grants

FFEL

FDL

FWS/SE

2008_09

$

154,677.00

$

563,796.00

$

22,670.00

2009_10

$

343,294.00

$

433,469.00

$

975,427.00

$ 11,251.00

$ 1,763,441.00

2010_11

$

1,280,217.00

$

1,715.00

$ 2,147,984.00

$ 15,774.00

$ 3,445,690.00

2011_12

$

1,304,699.00

$

-

$ 2,835,094.00

$ 19,119.00

$ 4,158,912.00

$

3,082,887.00

$

998,980.00

$ 5,981,175.00

$ 46,144.00

$ 10,109,186.00

Grand Total

65.

$

Total Title IV
-

$

741,143.00

During the period January 1, 2009 through FastTrain’s closing on June 22,

2012, FastTrain records reflect it received at least $6,937,215.00 in Title IV funds for
students enrolled at FastTrain’s Jacksonville, Florida campus as follows:
School Year

Pell Grants

FFEL

FDL

2008_09

$

191,665.00

$

850,718.00

$

2009_10

$

342,938.00

$

310,034.00

2010_11

$

493,100.00

$

2011_12

$

712,356.00

$

Grand Total

$

1,740,059.00

66.

114,510.00

FWS/SE
$

Total Title IV
-

$ 1,156,893.00

$ 1,130,411.00

$ 10,404.00

$ 1,793,787.00

-

$ 1,219,345.00

$ 18,134.00

$ 1,730,579.00

-

$ 1,534,698.00

$

8,902.00

$ 2,255,956.00

$ 1,160,752.00

$ 3,998,964.00

$ 37,440.00

$ 6,937,215.00

During the period January 1, 2009 through FastTrain’s closing on June 22,

2012, FastTrain records reflect it received at least $7,236,346.00 in Title IV funds for
students enrolled at FastTrain’s Tampa, Florida and Clearwater, Florida campuses as
follows:
School Year

Pell Grants

FFEL

FDL

2008_09

$

163,123.00

$

839,622.00

$

72,838.00

2009_10

$

268,363.00

$

470,917.00

$

2010_11

$

318,541.00

$

-

$

2011_12

$

1,281,551.00

$

$

2,031,578.00

Grand Total

FWS/SE
-

$ 1,075,583.00

897,053.00

$ 10,082.00

$ 1,646,415.00

587,363.00

$ 15,664.00

$

-

$ 2,296,922.00

$ 14,307.00

$ 3,592,780.00

$ 1,310,539.00

$ 3,854,176.00

$ 40,053.00

$ 7,236,346.00

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$

Total Title IV

921,568.00

Case 1:12-cv-21431-MGC Document 54 Entered on FLSD Docket 12/02/2014 Page 21 of 49

67.

In total, from January 1, 2009 through FastTrain’s closing on June 22, 2012,

FastTrain records reflect it received at least $35,127,278.00 in Title IV funds for students
enrolled at FastTrain’s seven campuses in Florida. Of that $9,953,590.00 was through Pell
Grants, $19,020,394.00 through the FDL Program and $5,963,892.00 through the FFEL
Program, and $189,402.00 in Campus Based funds.
VI.

FASTTRAIN’S AND ALEJANDRO AMOR’S FRAUDULENT SCHEME
A.

Background

68.

At times material hereto, FastTrain was a privately owned, for-profit college

that provided vocational training in (a) Allied Health Programs through Fast Train’s School
of Health Sciences and (b) Information Technology Programs through FastTrain’s School of
Computer Science. At times material hereto, FastTrain’s School of Health Science provided
courses leading to a: Medical Assistant Diploma, Medical Coding Professional Diploma,
Medical Office Administrator AS Degree, Patient Care Technician Diploma, and Pharmacy
Technician Diploma. FastTrain’s School of Computer Sciences provided courses leading to
a: Computer Technician Diploma, Network Professional Diploma, Management
Information Systems Diploma and Information Technology.
69.

During all times relevant hereto, FastTrain had a corporate office and team

located in its Miami, Florida – Kendall campus that was responsible for the overall
management of FastTrain and its various campuses.

The corporate team, headed by

FastTrain’s President, CEO and owner Alejandro Amor, was responsible for setting overall
corporate goals and strategies, and overseeing the operations at each of FastTrain’s
campuses.
70.

During all times relevant hereto, FastTrain also employed an Admissions
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Director who took direction from Alejandro Amor, Associate Admissions Directors who
took direction from Alejandro Amor and FastTrain’s Admissions Director as well as
Admissions Representatives who reported to Alejandro Amor, FastTrain’s Admissions
Director and the respective FastTrain campus Admissions Director where an admissions
representative worked.
71.

In addition, FastTrain’s Chief Financial Officer was Dawn Amor, Alejandro

Amor’s wife, who among other responsibilities, managed FastTrain’s Financial Aid
department where financial aid representatives worked.
72.

During all times relevant hereto, each FastTrain campus also had a number of

other employees situated at FastTrain’s various campuses, including Admissions
Representatives and Financial Aid employees.
B.

FastTrain Engaged In Various Fraudulent Schemes that Caused
the U.S. Department Of Education to Determine Eligibility
For Title IV Funding To Ineligible Students

73.

In order to receive funding under Title IV of the HEA, federal law requires

that a prospective FastTrain student have a valid high school diploma or its recognized
equivalent. Federal law also states that only a student maintaining satisfactory academic
progress in his or her course of study according to the school's published standards, and in
accordance with federal guidelines, is eligible for financial assistance under Title IV of the
HEA. By signing its PPAs, FastTrain agreed it would comply with these regulations.
74.

FastTrain engaged in various fraudulent schemes in order to ensure that the

U.S. Department of Education determined eligibility for Title IV funding to students who
were not qualified to receive such federal funds. Through these schemes, FastTrain was

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able to increase its enrollment numbers and receive federal financial aid on behalf of those
students, regardless of whether the students were actually benefitting from FastTrain's
instruction. FastTrain's conduct caused the U.S. Department of Education to determine
students were eligible for federal funding when such students would not otherwise have
been eligible to receive such funding. FastTrain's conduct caused the U.S. Department of
Education to disburse FDL funds and make payments of interest, defaulted principal and
other benefits on FDL and FFEL loans for which the students were ineligible.
75.

To generate as much revenue as possible, FastTrain would fill its classes with

ineligible students. FastTrain’s and Alejandro Amor’s focus on permitting the recruitment
of ineligible students resulted in FastTrain engaging in a variety of fraudulent practices
designed to extract federal funding from the U.S. Department of Education and from
students. FastTrain’s conduct, as explained below, violated the Federal FCA and resulted
in payment by mistake and in FastTrain being unjustly enriched.
76.

During all times relevant hereto, FastTrain management, headed by

Alejandro Amor, employed a corporate strategy focused on increased admissions and
profits above all else.
77.
its revenues.

FastTrain’s main priority was increasing its enrollment numbers and, hence,
In furtherance of that strategy, FastTrain employed many Admissions

Representatives and put intense pressure on them to enroll as many students as possible.
Admissions Representatives went to great lengths to recruit students, regardless of whether
they were eligible to receive Title IV funds.
78.

FastTrain’s Student Catalog for the 2011-2013 period made clear to each

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FastTrain student that that a student’s “direct contact” was his or her “Admissions
Representative.”

FastTrain students were directed to contact their Admissions

Representative “for any assistance.” FastTrain advised students: “We want to ensure a
positive training experience, and provide you with all the resources available.” FastTrain’s
Student Catalog 2011-2013, Vol. XV, No. 2, July 2011 at 7.
79.

FastTrain employed female exotic dancers as admissions representatives at

least one campus to lure young male students.
80.

FastTrain Admissions Representatives would recruit new students on the

streets and in the malls of Florida’s inner cities where FastTrain campuses were located.
81.

During all times material hereto, FastTrain Admissions Representatives,

under Alejandro Amor’s directives, would lure some students to FastTrain with promises of
free education.
82.

During all times relevant hereto, FastTrain Admissions Representatives were

pressured to make their sales goals. FastTrain Admissions Representatives were told they
would be terminated if they did not meet FastTrain’s sales goals.
83.

During all times relevant hereto, to meet those sales goals, under Alejandro

Amor’s directives, FastTrain Admissions Representatives would enroll students regardless
of whether those students were qualified for enrollment. As discussed below, FastTrain
Admissions Representatives would fabricate proofs of education to enroll unqualified
students. FastTrain Admissions Representatives would coach prospective students to lie to
FastTrain Financial Aid representatives in completing FASFA applications. In the words of
one highly successful FastTrain Admissions Representative, the Relator Juan Peña, who

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worked at the direction of Alejandro Amor and Amor’s appointed Corporate Director of
Admissions, Juan Arreola, the majority of FastTrain students Peña recruited as a FastTrain
Admissions Representative, were not high school graduates and did not have a diploma or
its equivalent.
84.

During all times material hereto, FastTrain and Alejandro Amor’s main focus

was on enrolling students, and making those students appear to be eligible for Title IV funds
as set forth in U.S. Department of Education regulations.
85.

Many of these admissions representative employees were trained to recruit

and admit students who did not have a high school diploma.

Additionally, many

admissions representative employees were trained to coach the unqualified FastTrain
applicants they recruited to lie to other FastTrain staff members they may encounter in
FastTrain’s Financial Aid Department and to submit false documents to the Department of
Education.
1.
86.

Falsification of High School Diplomas and Graduation Records

FastTrain caused students to submit applications for federal financial aid

(“FASFA”) that contained false statements, including false statements regarding the
student's eligibility for federal aid and/or the student's financial situation.

Those false

statements were material to the Department of Education’s determination of those
applicants’ eligibility to receive federal aid when the Department of Education processed the
FAFSAs. FastTrain also falsely certified, in its PPAs from at least January 1, 2009 and each
time it drew down federal grant monies, that it was complying with federal regulations
governing the eligibility and award of Title IV funding under the HEA. FastTrain's false

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statements and fraudulent conduct resulted in FastTrain receiving federal aid that it would
not otherwise have been entitled to receive but for its fraud.
87.

Management at FastTrain taught, condoned, and encouraged this fraudulent

conduct. For example, Corporate Director of Admissions Juan Arreola said that Alejandro
Amor instructed him sometime in 2010 to recruit any student regardless of whether he or
she had a high school diploma. Peña stated that upon being hired, he in turn was instructed
by Juan Arreola to recruit anyone who agreed to attend FastTrain.
88.

Some FastTrain’s admissions and financial aid representatives who suspected

and refused to go along with FastTrain’s fraud were terminated or constantly threatened
with termination.
a. Dianne Gladky, a Financial Aid representative was threatened with being
terminated because she asked prospective FastTrain students too many
questions during enrollment. Alejandro Amor suggested that she was not a
good fit at FastTrain because she chased off potential students because of her
questions regarding their high school completion status and if they were listing
accurate information on the FAFSA.
b. Meiling Nau, FastTrain-Plantation admissions representative was fired because
she refused to participate any further in the fraudulent activity of recruiting
potential FastTrain enrollees who did not have a high school diploma or GED.
a. Falsification of High School Diplomas
89.

FastTrain regularly engaged in falsifying high school diplomas in order to

award Title IV funds in violation of federal regulations. For example, FastTrain fabricated

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high school diplomas of students FastTrain enrolled and to whom were awarded loans and
grants for which the students were ineligible, resulting in loss to the United States for these
students as shown by the examples below:
Student
Claudia Zepeda
Patrick Hall
Javier Ventura

FDL
$
3,167.00
$
$
3,167.00

Pell
$
1,850.00
$
1,832.00
$
1,850.00

Total Title IV
$
5,017.00
$
1,832.00
$
5,017.00

Stephanie Dominique

$

3,167.00

$

1,850.00

$

5,017.00

Fanny Hall
Edgar Castro
Dwight Rivera
Gabriel Hernandez

$
$
$
$

3,167.00
1,834.00
9,500.00
3,668.00

$
$
$
$

1,850.00
1,367.00
3,700.00
3,700.00

$
$
$
$

1,850.00
3,201.00
13,200.00
7,368.00

b. Promises of High School Diplomas
90.

FastTrain Admissions Representatives would recruit students who did not

have a high school diploma with promises of a high school diploma.
91.

Students recruited by FastTrain Admissions Representative Jose Gonzalez

were told that to receive a high school diploma, they would have to pay Gonzalez $200.00
or $300.00.

Gonzalez would complete a high school diploma exam from “American

Worldwide Academy” (“AWA”) on behalf of the students in exchange for a fee. Gonzalez
thus obtained fraudulent AWA diplomas that he supplied to prospective students he
recruited.
92.

Students recruited by FastTrain’s Corporate Director of Admissions Juan

Arreola, FastTrain Plantation’s Director of Admissions Luis Arroyo, and Peña were also
provided with fake diplomas purportedly from AWA, North Miami Beach Senior High
School, Plantation High School, Florida Christian Academy and other schools. Some of

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these diplomas were created by Arroyo or Peña who were trained how to make the fake
diplomas by Arreola. FastTrain employees provided these invalid diplomas to FastTrain
students at FastTrain’s Kendall, Flagler, Plantation, Clearwater, and Jacksonville campuses.
93.

With respect to 79 students that FastTrain reported as having a diploma from

AWA, officials of that entity, indicated 69 of the 79 students never received diplomas or
graduated, much less attended there. Due to Defendants’ fraud with respect to those 69
former FastTrain students’ loan applications, the United States was damaged in the amount
of at least $643,127.00, of which $410,425.00 are FDL loans and $232,702.00 are losses on
Pell Grants.
c. Coaching Students to Lie on FASFA Applications
94.

FastTrain's admissions employees, under the directives of Alejandro Amor

also engaged in a variety of fraudulent practices that resulted in students receiving more
federal aid than they were entitled to receive.

For example, FastTrain employees, as

directed by Alejandro Amor and his admissions and associate admissions directors, coached
financial aid applicants to lie on their FASFA applications by, among other things, stating
that they were high school graduates when they had not graduated from high school, did
not have a legitimate high school diploma or its equivalent. Instances of such conduct
include:
a. Hundreds of loans and grants were issued to former FastTrain students who
were not eligible to receive them or were related to students whom FastTrain
coached to provide documentation as having graduated from a Miami-Dade
County, Florida public school. Public school officials in Miami-Dade County,

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Florida have determined that 403 FastTrain students whose FASFA and/or
FastTrain Admissions Applications stated that they graduated from a MiamiDade County, Florida public school, did not do so. None of these 403 students
were eligible to receive Title IV federal funds, and yet, due to FastTrain’s fraud,
all of these 403 FastTrain students were awarded $1,952,113.00 in FDL,
$208,691.00 in FFEL, and $1,014,753.00 in Pell grants for which FastTrain
knew that they did not qualify.
b. Hundreds of loans and grants were issued to former FastTrain students who
were not eligible to receive them or were related to students whom FastTrain
coached to provide documentation as having graduated from a Duval County,
Florida public school. Public school officials in Duval County, Florida have
determined that 128 FastTrain students whose FASFA and/or FastTrain
Admissions Applications stated that they graduated from a Duval County,
Florida public school, did not do so. None of these 128 students were eligible
to receive Title IV federal funds, and yet, due to FastTrain’s fraud, all of these
128 FastTrain students were awarded $640,054.00 in FDL, $66,326.00 in FFEL
and $340,964.00 in Pell grants for which FastTrain knew that they did not
qualify.
c. Over a hundred loans and grants were issued to former FastTrain students who
were not eligible to receive them or were related to students whom FastTrain
coached to provide documentation as having graduated from a Broward
County, Florida public school. Public school officials in Broward County,

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Florida have determined that 53 FastTrain students whose FASFA and/or
FastTrain Admissions Applications stated that they graduated from a Broward
County, Florida public school, did not do so. None of these 53 students were
eligible to receive Title IV federal funds, and yet, due to FastTrain’s fraud, all of
these 53 FastTrain students were awarded $227,267.00 in FDL, $12,139.00 in
FFEL and $131,017.00 in Pell grants for which FastTrain knew that they did
not qualify.
d. Scores of loans and grants were issued to former FastTrain students who were
not eligible to receive them or were related to students whom FastTrain
coached to provide documentation as having graduated from a Hillsborough
County, Florida public school. Public school officials in Hillsborough County,
Florida have determined that 73 FastTrain students whose FASFA and/or
FastTrain Admissions Applications stated that they graduated from a
Hillsborough County, Florida public school, did not do so. None of these 73
students were eligible to receive Title IV federal funds, and yet, due to
FastTrain’s fraud, all of these 73 FastTrain students were awarded $373,292.00
in FDL and $209,308.00 in Pell grants for which FastTrain knew that they did
not qualify.
e. Dozens of loans and grants were issued to former FastTrain students who were
not eligible to receive them or were related to students whom FastTrain
coached to provide documentation as having graduated from a Pinellas
County, Florida public school.

Public school officials in Pinellas County,

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Florida have determined that 34 FastTrain students whose FASFA and/or
FastTrain Admissions Applications stated that they graduated from a Pinellas
County, Florida public school, did not do so. None of these 34 students were
eligible to receive Title IV federal funds, and yet, due to FastTrain’s fraud, all of
these 34 FastTrain students were awarded $137,335.00 in FDL and $97,087.00
in Pell grants for which FastTrain knew that they did not qualify.
f. Similarly, dozens of loans and grants were issued to former FastTrain students
who were not eligible to receive them or were related to students whom
FastTrain employees coached to provide documentation as having earned a
G.E.D. in Florida. The Florida Department of Education has determined that
74 FastTrain students whose FASFA and/or FastTrain Admissions
Applications stated that they had a GED, did not do so. None of these 74
students were eligible to receive Title IV federal funds, and yet, due to
FastTrain’s fraud, all of these 74 FastTrain students were awarded $280,835.00
in FDL, $33,769.00 in FFEL and $187,073.00 in Pell grants for which
FastTrain knew that they did not qualify.
2.
95.

Falsification of Attendance Records

Pursuant to 34 CFR 685.303(b)(4), if a student is enrolled in the first year of

an undergraduate program of study and has not previously received a Federal Stafford,
Federal Supplemental Loans for Students, Direct Subsidized, or Direct Unsubsidized Loan,
a school may not disburse the proceeds of a Direct Subsidized or Direct Unsubsidized Loan
until 30 days after the first day of the student's program. FastTrain routinely drew down

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federal financial student aid for students who had not attended a minimum of 30 days and
often backdated the enrollment date so that FastTrain could draw down funds early on
students who had started within the first five days of their program.
96.

FastTrain’s Admissions Representatives pressured the ineligible students they

enrolled to attend classes for at least the first five days of the period. When students did not
have transportation to get to a FastTrain campus at which they were enrolled, FastTrain’s
Admissions Representatives would pick them up and take them to school. After the first
five days, FastTrain drew down Title IV funds on the students’ behalf.
97.

There were students, however, who would enroll at FastTrain, yet not attend

classes. In order to avoid losing federal aid for those students, FastTrain would falsify
attendance reports to make it appear as though those students who enrolled but did not
attend classes had actually done so.
C.

FastTrain Knowingly Made False Statements and Falsified Files in Order
to Cover Up Its Fraudulent Scheme

98.

FastTrain knowingly made, or caused to be made, the false statements and

claims outlined above. FastTrain's fraudulent conduct permeated the FastTrain Admissions
Department in all of its seven campuses. The fraudulent conduct of FastTrain Admissions
Representatives and other employees was also encouraged and/or directed by Fast Train’s
senior management. Alejandro Amor, FastTrain’s Corporate Admissions Director Juan
Arreola, campus admissions directors such as Luis Arroyo and other FastTrain
management personnel encouraged FastTrain Admissions Representatives to do what had
to be done to get students enrolled and packaged. In addition to Alejandro Amor, the
management level employees who were aware of and/or encouraged the fraud include, but
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are not limited to, Juan Arreola, Luis Arroyo, Michael Grubbs, Anthony Mincey, Norman
Dorn, and Jose Gonzalez.
99.

On behalf of FastTrain, Alejandro Amor certified when he signed FastTrain’s

PPAs in 2010 and each time FastTrain drew down federal grants and loan monies that
FastTrain would comply with the federal regulations governing the award of Title IV
funding, including the requirements that it would award Title IV funds only to eligible
students. Indeed, FastTrain had been engaged in a scheme since at least January 1, 2009 to
defraud the Department of Education in order to secure as much federal aid as possible.
100.

The concealment of material information was directed and encouraged by

upper level management at FastTrain.

For example, Juan Arreola and Luis Arroyo

purposely hired attractive women and sometimes exotic dancers and encouraged them to
dress provocatively while they recruited young men in neighborhoods to attend FastTrain.
VII.

THE SUBMISSION OF FALSE CLAIMS
A.

False Claims

101.

Every request for a federal grant or Federal Direct Loan or federally

guaranteed loan made on behalf of a student at FastTrain's campuses constitutes a separate
false claim. The following examples of student financial aid packages, each of which
included a false secondary education credential in the student's file, illustrate FastTrain's
false claims:
a. FastTrain student Curtiss Bennett who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $1,850.00 in Pell Grant
funds, $6,334.00 in FDL funds for the 2011-2012 financial aid award year.
Bennett did not receive any additional funds when he was murdered in a drive-33-

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by shooting.
b. FastTrain student Kiara Butler who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $4,971.00 in Pell Grant
funds, $6,334.00 in FDL funds for the 2011--2012 financial aid award year.
c. FastTrain student Cordell Canty who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $1,850.00 in Pell Grant
funds, $3,167.00 in FDL funds for the 2011--2012 financial aid award year.
Canty defaulted on his loan obligations on August 2, 2013, when he was
incarcerated in a Florida prison.
d. FastTrain student Sheldrick Cooley who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $3,700.00 in Pell Grant
funds, $6,334.00 in FDL funds, for the 2010--2011 financial aid award year.
e. FastTrain student Stephanie Dominique who did not have a high school
diploma or G.E.D., received a financial aid package consisting of $1,850.00 in
Pell Grant funds, $3,167.00 in FDL funds for the 2011-2012 financial aid award
year.
f. FastTrain student Fanny Hall who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $1,850.00 in Pell Grant
funds, $3,167.00 in FDL funds for the 2011--2012 financial aid award year.
g. FastTrain student Kiara Mott who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $5,500.00 in Pell Grant
funds, $5,500.00 in FDL funds for the 2011--2012 financial aid award year.

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Mott defaulted on her loan obligations on October 31, 2013.
h. FastTrain student Cortney Douglas who did not have a high school diploma or
G.E.D., received a financial aid package consisting of $1,850.00 in Pell Grant
funds, $6,334.00 in FDL funds for the 2010--2011 financial aid award year.
102.

The Pell Grant, FDL, and FFEL awards described in this Complaint were

caused by FastTrain's false statements and fraudulent promises in FastTrain’s PPAs that it
would comply with applicable laws and regulations governing the award of federal financial
aid, and/or the false representations in each grant and loan application that the student
seeking federal government aid was eligible to receive Title IV funding under the HEA.
FastTrain's conduct was knowing and material to the Department of Education's
disbursement of Pell Grant and FDL funds to FastTrain, and payment of interest, defaulted
principal and other benefits on FFEL loans. Each request for payment thus constitutes a
false claim under the FCA.
103.

The examples above are illustrative of the many false claims presented by, or

caused to be presented by, FastTrain for federal financial assistance under Title IV of the
HEA.
104.

Between Calendar Years 2008 and 2012, the Department of Education

disbursed $3,931,821.00 in FDL and FFEL loans for a total of 655 students in Broward,
Duval, Hillsborough, Miami-Dade and Pinellas Counties as well as students claiming a
GED in Jacksonville, Florida and Ft. Lauderdale, Florida.

Those loans to FastTrain

students who FastTrain caused to lie on their Financial Aid applications at a time Alejandro
Amor certified FastTrain was in compliance with federal regulations, were fraudulent

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because as discussed above, the 655 FastTrain students who received these federal loans,
were not qualified to receive them.

Direct
Loan
Students
49
Broward
110
Duval
38
FT-GED
23
GED-JAX
66
Hillsborough
Miami-Dade 352
32
Pinellas
Grand
627
Total
School
District

Total Calendar Years 2008-2012
FFEL Amount FFEL
Amount FDL Students
$227,267.00
$640,054.00
$163,952.00
$116,883.00
$373,292.00
$1,952,193.00
$137,335.00
$3,610,896.00

School District
Broward
Duval
FT-GED
GED-JAX
Hillsborough
Miami-Dade
Pinellas

Grand Total

School District
Broward
Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade
Pinellas

Grand Total

1
7
1
2
0
20
0
28

$12,139.00
$66,326.00
$ 9,668.00
$24,101.00

$
$
$
$
$
$208,691.00 $
$
$320,925.00 $

Calendar Year 2008
# of Students
1
$
5
$
0
1
$
0
12
$
0
18
$
Calendar Year 2009
# of Students
7
6
2
3
2
42
0
55

-36-

Total FDL and FFEL Paid
2008-2012 to Date
239,406.00
706,380.00
173,620.00
140,984.00
373,292.00
2,160,804.00
137,335.00
3,931,821.00

Loans Paid to Date
9,500.00
32,460.00
9,500.00
97,129.00
148,589.00

$
$
$
$
$
$

Loans Paid to Date
48,705.00
45,700.00
22,599.00
20,935.00
11,918.00
304,321.00

$

454,178.00

Case 1:12-cv-21431-MGC Document 54 Entered on FLSD Docket 12/02/2014 Page 37 of 49

School District
Broward
Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade

Pinellas
Grand Total

School District
Broward
Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade

Pinellas
Grand Total

School District
Broward
Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade

Pinellas
Grand Total
105.

Calendar Year 2010
# of Students
6
20
8
0
7
55

$
$

59,334.00
384,644.00

$

90

$
$
$

Loans Paid to Date
23,778.00
155,248.00
46,667.00

669,671.00

Calendar Year 2011
# of Students

Loans Paid to Date

11
54
8
12
30
161
13

$
$
$
$
$
$
$

42,395.00
329,074.00
33,101.00
74,205.00
158,856.00
904,750.00
51,278.00

273

$

1,593,659.00

$
$
$
$
$
$
$
$

Loans Paid to Date
115,028.00
143,898.00
71,253.00
36,344.00
143,184.00
469,960.00
86,057.00
1,065,724.00

Calendar Year 2012
# of Students
29
44
22
11
34
141
20
281

As a result of FastTrain’s fraudulent conduct, approximately 1,611 loans were

awarded to approximately 655 former FastTrain students, the vast majority of whom were
not qualified to receive such loans as a result of their failure to have graduated from high
school or earn a G.E.D. Of these, 627 former FastTrain students received FDL funds and

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28 former FastTrain students received FFEL funds.
106.

Between Academic Years 2009 and 2012, the Department of Education

disbursed $1,980,202.00 in Pell Grants for a total of 658 students in Broward, Duval,
Hillsborough, Miami-Dade and Pinellas Counties as well as students claiming a GED in
Jacksonville, Florida and Ft. Lauderdale, Florida. These Pell Grants to FastTrain students
who FastTrain caused to lie on their Financial Aid applications at a time Alejandro Amor
certified FastTrain was in compliance with federal regulations, were fraudulent because as
discussed above, the 658 FastTrain students who received the Pell Grants, were not
qualified to receive them.

Total Academic Years 2009-2012
School District

Total Number of Students

Broward

52
119
43
27
69
359
34
658

Duval
FT-GED
GED-JAX
Hillsborough
Miami-Dade
Pinellas

Grand Total

Total Pell Paid to Date
$
$
$
$
$
$
$
$

-38-

131,017.00
340,964.00
104,372.00
82,701.00
209,308.00
1,014,753.00
97,087.00
1,980,202.00

Case 1:12-cv-21431-MGC Document 54 Entered on FLSD Docket 12/02/2014 Page 39 of 49

Academic Year 2009
School District

Number of Students

Pell Paid to Date

Broward

1

$

4,731.00

Duval

8

$

21,127.00

FT-GED

0

GED-JAX

2

$

6,034.00

Hillsborough

1

$

1,914.00

Miami-Dade

10

$

17,984.00

Pinellas

0

Grand Total

19

$

51,790.00

Academic Year 2010
School District

Number of Students

Broward

7
10
6
1
2
43
0
66

Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade
Pinellas

Grand Total

Pell Paid to Date
$
$
$
$
$

23,243.00
15,309.00
10,257.00
2,230.00
367.00

$

96,946.00

$

148,352.00

Academic Year 2011
School District

Number of Students

Broward

8
31
13
4
9
90
1
145

Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade

Pinellas
Grand Total

Pell Paid to Date
$
$
$
$
$
$
$
$

-39-

13,412.00
82,991.00
31,674.00
11,563.00
26,838.00
235,801.00
5,041.00
407,320.00

Case 1:12-cv-21431-MGC Document 54 Entered on FLSD Docket 12/02/2014 Page 40 of 49

Academic Year 2012
School District

Number of Students

Broward

39
82
28
21
62
263
33
497

Duval

FT-GED
GED-JAX
Hillsborough
Miami-Dade

Pinellas
Grand Total
107.

Pell Paid to Date
$
$
$
$
$
$
$
$

89,631.00
221,537.00
62,441.00
62,874.00
180,189.00
664,022.00
92,046.00
1,372,740.00

With respect to 79 students that FastTrain coached to indicate as having a

diploma from AWA, officials of AWA, have indicated 69 of the 79 students never received
diplomas or graduated, much less attended there. Due to FastTrain’s fraud with respect to
those 69 former FastTrain students’ financial aid applications, the United States was
damaged in the amount of at least $643,127.00, of which $410,425.00 are FDL loans and
$232,702.00 are losses on Pell Grants.
108.

The United States sustained damages for over $4,340,000.00 in student loans

($4,021,321.00 in FDL Program and $320,925.00 in disbursed FFEL Program loans). In
addition, the United States has sustained damages through Pell Grants obtained through
FastTrain’s fraudulent activities in the amount of $2,212,904.00.
B.

Loan Defaults as of November 20, 2014

109.

As of November 20, 2014, 84 loans of former FastTrain students that are in

default are related to students whom FastTrain coached to provide false documentation as
having graduated from a Miami-Dade County, Florida public school, when these students
did not do so, in order for the students to be awarded federal loans and grants for which
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FastTrain knew that they did not qualify.
110.

As of November 20, 2014, 14 loans of former FastTrain students that are in

default are related to students whom FastTrain coached to provide false documentation as
having graduated from a Broward County, Florida public school, when these students did
not do so, in order for the students to be awarded federal loans and grants for which
FastTrain knew that they did not qualify.
111.

As of November 20, 2014, 24 loans of former FastTrain students that are in

default are related to students whom FastTrain coached to provide false documentation as
having graduated from a Duval County, Florida public school, when these students did not
do so, in order for the students to be awarded federal loans and grants for which FastTrain
knew that they did not qualify.
112.

As of November 20, 2014, 19 loans of former FastTrain students that are in

default are related to students whom FastTrain coached to provide false documentation as
having graduated from a Hillsborough County, Florida public school, when these students
did not do so, in order for the students to be awarded federal loans and grants for which
FastTrain knew that they did not qualify.
113.

As of November 20, 2014, 6 loans of former FastTrain students that are in

default are related to students whom FastTrain coached to provide false documentation as
having graduated from a Pinellas County, Florida public school, when these students did
not do so, in order for the students to be awarded federal loans and grants for which
FastTrain knew that they did not qualify.
114.

As of November 20, 2014, 16 loans of former FastTrain students that are in

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default are related to students whom FastTrain coached to provide false documentation as
having earned a GED, when these students did not do so, in order for the students to be
awarded federal loans and grants for which FastTrain knew that they did not qualify.
VIII. CAUSES OF ACTION
Count 1: False or Fraudulent Claims (31 U.S.C. § 3729(a)(1)(A) (2009),
formerly 31 U.S.C. § 3729(a)(1)(2006))
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
115.

The United States re-alleges and incorporates herein, Paragraphs 1 through

114 of this Complaint in Intervention.
116.

Defendants FastTrain and Alejandro Amor knowingly presented, or caused

to be presented, to an officer or employee of the United States government, false or
fraudulent claims for payment or approval, in violation of the FCA, 31 U.S.C. § 3729(a)(l)
(2009), formerly 31 U.S.C. § 3729(a)(1)(2006), specifically, the claims for student loan and
Pell Grant payments under the Title IV student financial assistance programs.
117.

Because of the Defendant's acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the
FCA, plus civil penalties of not less than $5,500 and up to $11,000 for each violation.
Count II: False Statements (31 U.S.C. § 3729(a)(1)(B) (2009),
formerly 31 U.S.C. § 3729(a)(2)(2006))
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
118.

The United States re-alleges and incorporates herein, Paragraphs 1 through

114 of this Complaint in Intervention.
119.

Defendants FastTrain and Alejandro Amor knowingly made, used, or caused

to be made or used, a false record or statement material to a false or fraudulent claim,
and/or to get the United States to pay or approve false or fraudulent claims, in violation of
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the FCA, 31 U.S.C. § 3729(a)(l)(B) (2009), formerly 31 U.S.C. § 3729(a)(2)(2006).
120.

Because of the Defendants’ acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the
FCA, plus civil penalties of not less than $5,500 and up to $11,000 for each violation.
Count III: Conspiracy (31 U.S.C. § 3729(a)(1)(C) (2009),
formerly 31 U.S.C. § 3729(a)(3)(2006))
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
121.

The United States re-alleges and incorporates herein, Paragraphs 1 through

114 of this Complaint in Intervention.
122.

Defendants FastTrain and Alejandro Amor conspired to commit a violation

of subparagraph in violation of the FCA, 31 U.S.C. § 3729(a)(l)(a) and/or (B) (2009),
formerly 31 U.S.C. § 3729(a)(2) and (3) (2006).
123.

Because of the Defendants’ acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the
FCA, plus civil penalties of not less than $5,500 and up to $11,000 for each violation.
Count IV: Unjust Enrichment
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
124.

The United States re-alleges and incorporates herein, Paragraphs 1 through

114 of this Complaint in Intervention.
125.

By reason of the foregoing conduct and violation of federal law, Defendants

FastTrain and Alejandro Amor were unjustly enriched and are liable to account for and pay
such amounts, which are to be determined at trial, to the United States.
Count V: Payment by Mistake
AGAINST FASTTRAIN AND ALEJANDRO AMOR)
126.

The United States re-alleges and incorporates herein, Paragraphs 1 through
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114 of this Complaint in Intervention.
127.

By reason of the foregoing conduct of the Defendants FastTrain and

Alejandro Amor, the United States made payments under mistake of fact.
128.

As a result of these payments made by the United States under mistake of

fact, the United States has sustained damages in an amount to be proven at trial.
Count VI: Violation of Florida False Claims Act,
False Claims for Payment, § 68.082(2)(a), Fla. Stat.
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
129.

Florida re-alleges and incorporates herein, Paragraphs 1 through 114 of this

Complaint in Intervention.
130.

Defendants FastTrain and Alejandro Amor knowingly presented or caused to

be presented to an officer or employee of an agency of Florida, false or fraudulent claims for
payment or approval in violation of § 68.082(2)(a), Fla. Stat.
131.

During the academic years 2009/2010 through 2011/2012, Defendants

FastTrain and Alejandro Amor received in excess of $15,000.00 in state funds as a result of
these Defendants’ presentation to an officer or employee of an agency of Florida a claim for
payment or approval in connection with student grants and scholarships.
132.

The institutional eligibility requirements for participation in Florida

scholarship and grant programs include that the institutions are Title IV eligible and
therefore in compliance with the applicable Title IV regulations. Defendants FastTrain and
Alejandro Amor represented their institutions as Title IV eligible in connection with these
Defendants’ presentation of said claims for payment or approval. Such representations were
false, for the reasons set forth in the foregoing paragraphs.

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133.

As a result of the Defendants FastTrain’s and Alejandro Amor’s conduct as

set forth in these causes of action, Florida has suffered actual damages in excess of
$15,000.00.
134.

Pursuant to §§ 68.082(2) and 68.086, Fla. Stat., Florida is entitled to treble the

amount of actual damages sustained, and no less than $5,500 and not more than $11,000 in
civil penalties per claim, attorney’s fees, expenses, and costs.
COUNT VII: Violation of Florida False Claims Act,
False Records or Statements to Get False or Fraudulent Claims Paid or Approved,
§ 68.082(2)(b), Fla. Stat.]
(AGAINST FASTTRAIN AND ALEJANDRO AMOR)
135.

Florida re-alleges and incorporates herein, Paragraphs 1 through 114 of this

Complaint in Intervention.
136.

Defendants FastTrain and Alejandro Amor knowingly made, used, or caused

to be made or used a false record or statement to get a false or fraudulent claim paid or
approved by Florida, in violation of §68.082(2)(b), Fla. Stat.
137.

During the academic years 2009/2010 through 2011/2012, Defendants

FastTrain and Alejandro Amor received in excess of $15,000.00 in state funds as a result of
these Defendants’ records and/or statements for payment or approval of claims in
connection with student grants and scholarships.
138.

The institutional eligibility requirements for participation in Florida

scholarship and grant programs include that the institutions are Title IV eligible and
therefore in compliance with the applicable Title IV regulations. Defendants FastTrain and
Alejandro Amor presented records and/or statements of their institutions as Title IV eligible
in connection with Defendants’ presentation of said claims for payment or approval. Such
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statements were false, for the reasons set forth in the foregoing paragraphs.
139.

As a result of the Defendants FastTrain’s and Alejandro Amor’s conduct as

set forth in these causes of action, the Florida has suffered actual damages in excess of
$15,000.00.
140.

Pursuant to §§ 68.082(2) and 68.086, Fla. Stat., Florida is entitled to treble the

amount of actual damages sustained, and no less than $5,500 and not more than $11,000 in
civil penalties per claim, attorney’s fees, expenses, and costs.
PRAYER FOR RELIEF
141.

Wherefore, Plaintiff, the United States, demands judgment in its favor and

against Defendants Fast Train and Alejandro Amor as follows:
a. Under Counts I, II and III (FCA), for an amount of the United States'
damages, trebled as required by law, plus such civil penalties as are required
by law, together with all such further relief as may be just and proper;
b. Under Count IV (Unjust Enrichment), for an accounting and the amount by
which Defendant was unjustly enriched, plus interest and costs, and expenses,
and all such further relief as may be just and proper;
c. Under Count V (Payment by Mistake), for an accounting and the amount the
United States paid to the Defendant, plus interest and costs, and expenses,
and all such further relief as may be just and proper;
d. Such other relief as this Court may deem just and proper, together with
interest and costs of this action.
142.

Wherefore, Plaintiff, Florida, demands judgment in its favor and against

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Defendants FastTrain and Alejandro Amor, individually or jointly as appropriate, under
Counts VI and VII (Florida False Claims Act), for an amount of Florida’s actual damages,
trebled as required by law, for the period beginning January 1, 2009 through the date of trial
pursuant to § 68.082(2), Fla. Stat, plus a civil penalty of $11,000, for each and every false
claim made to Florida identified in this action, interest on the judgment, attorneys’ fees,
expenses, investigatory costs, and for such other and further relief as the Court deems just
and equitable pursuant to §68.086, Fla. Stat.
THE UNITED STATES and FLORIDA DEMAND A JURY TRIAL AS TO ALL
ISSUES SO TRIABLE.
Dated: December 2, 2014

Respectfully submitted,

JOYCE R. BRANDA
ACTING ASSISTANT
ATTORNEY GENERAL

WIFREDO A. FERRER
UNITED STATES ATTORNEY

MICHAEL D. GRANSTON
RENÉE BROOKER
JAY MAJORS
Attorneys
U.S. Department of Justice
Civil Division
P.O. Box 261, Ben Franklin Station
Washington, DC 20044
Tel.:[phone]/Fax:[phone]
Email: [e-mail]

/s James A. Weinkle
JAMES A. WEINKLE
Assistant United States Attorney
Fla. Bar No.: 0710891
99 N.E. 4th Street, 3rd Floor
Miami, Florida 33132
Tel.: [phone]/Fax: [phone]
Email: [e-mail]
Counsel for United States

Counsel for United States
PAMELA JO BONDI
ATTORNEY GENERAL, State Of Florida
/s Mark S. Hamilton
Mark S. Hamilton
Special Counsel, Consumer Protection Division
Florida Bar No.: 63819
Office of the Attorney General
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The Capitol, PL-01
Tallahassee, Florida 32399-1050
Phone: [phone]/Fax: [phone]
Email: [e-mail]
Counsel for State of Florida

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CERTIFICATE OF FILING AND SERVICE
United States of America, State of Florida ex rel Juan Peña, Plaintiffs/Relator vs.
FastTrain II Corp. d/b/a FastTrain College, et. al, Defendants,
CASE NO.: 1:12-cv-21431-COOKE/TORRES
United States District Court, Southern District of Florida
I hereby certify that on December 2, 2014, a copy of the foregoing United States of
America’s and State of Florida’s Complaint in Intervention was served on Counsel for
Relator, by email at the following addresses:
Mark S. Hamilton
Special Counsel
Consumer Protection Division
Office of the Attorney General
State of Florida
The Capitol, PL-01
Tallahassee, Florida 32399-1050
Phone: [phone]
Facsimile: 850.488.4483
Email: [e-mail]
Counsel for the State of Florida
Matthew Seth Sarelson, Esq.
MATTHEW SETH SARELSON, P.A.
1522 Cecilia Ave
Coral Gables, FL 33146-1625
Telephone: [phone]
Email: [e-mail]

Jon M. Herskowitz, Esq.
BARON & HERSKOWITZ
9100 S. Dadeland Blvd.
Penthouse 1, Suite 1704
One Datran Center
Miami, FL 33156

Counsel for Relator

Telephone: [phone]
Facsimile: 305.670.2393
Email: [e-mail]
Counsel for Relator

The Complaint in Intervention will be served upon Defendants in accordance with the
Federal Rules of Civil Procedure and the False Claims Act.
/s James A. Weinkle
JAMES A. WEINKLE

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