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The Shuster Project

Tobacco Industry Fraud & False Claims Issues

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RESPONSE TO CALVIN MELLOR

 

To: CT Governor Rowland, Carolyn Underwood and Calvin Mellor

From: Robert X. Shuster

          Executive Director

          The Shuster Project-Tobacco Industry Fraud & False Claims Issues

          http://www.rxshuster.org/

          C/o

         177 Andrew Avenue

         Naugatuck, CT  06770-4359

Re: Response to 1/08/2003 Letter from Calvin Mellor regarding “The Shuster Project’s”

      proposal to recover $300+ Million Dollars in defrauded CT State Income Tax

      revenues and defrauded CT State Sales Tax revenues resulting from numerous

      tobacco industry fraud & false claims activities/crimes in most retail outlets in CT,

     including those that sell cigarettes and tobacco products at “State Minimum”

     prices, as these activities/crimes on the part of the tobacco industry continue,

     unabated, to this day.

Date: 1/29/2003

 

Dear Governor Rowland, Ms. Underwood and Mr. Mellor,

Although the letter from Calvin Mellor was rife with inaccuracies (such as: “We cannot enter into, or authorize, any joint investigation or partnership with “The Shuster Project.” DRS cannot offer any financial reward for information, even if it proves to be of great value...”) and insulting innuendos (such as: “The Department cannot support the legislation you have described, or any legislation to your benefit...”), we, at "The Shuster Project," felt it was important to respond to it.

As for the inaccuracies, in correspondence to Governor Rowland, AG Blumenthal, all CT State Rep’s and CT State Senators, since May of 1999, and, most recently, to Gene Gavin, I have often specifically referenced the legislation that I initiated and wrote, in consultation and corroboration with a prestigious law firm well known to the CT Judiciary Committee, specifically HB6942, which expressly allows for any CT State Political Subdivision, which should include the Department of Revenue Services, to enter into a Qui Tam action in partnership with the specific “informant,” which would be Robert X. Shuster.

HB6942 was written to closely mirror federal Qui Tam statutes, which expressly allows for federal “political subdivisions,” including the IRS, to also enter into a Qui Tam action which, for reasons only they know, the IRS continues to refuse to do, as we have point by point exposed their stated “reasons” for not proceeding with a Qui Tam action against the tobacco companies for what they are … falsehoods and object lies.

It bears repeating, and make no mistake about this, that the three stated “reasons” why the IRS is choosing not to proceed with a Qui Tam action, together with “The Shuster Project’s” Executive Director, against the tobacco companies have been, point by point, proven to be absolute falsehoods and are “reasons” that have no basis in fact or truth whatsoever.

In actuality, the problem with the IRS not doing the correct and proper thing in proceeding with a Qui Tam action, as analyzed by a former prosecuting attorney for the IRS, itself, is believed to be simply a staffing problem/shortage and their not being willing or able to commit personnel to this huge fraud scheme, so rather than just tackle the staffing problem they are choosing to “ignore” these crimes in the hope that their ineptness won’t be “found out,” as well.

As for the insulting innuendos in this 1/8/2003 letter, “The Shuster Project” seeks no “benefit” from working with the Department of Revenue Services, via any Qui Tam action(s) to both recover in excess of $300+ Million Dollars in combined, defrauded CT State Income Tax revenues and defrauded CT State Sales Tax revenues and in our seeking to stop, once and for all, the continuation of these tobacco industry fraud and false claims activities/crimes and the loopholes in CT State legislation(s) that inadvertently seems to allow these crimes to occur to begin with; the law was written that way to deliberately reward the informing party for the entirety of it’s involvement and for the “value” of the information that clearly yields a far greater “profit” to either the State or Federal government involved in the Qui Tam action, itself.

It was the IRS, itself, that didn’t just recommend but instructed and strongly desired “The Shuster Project” to file what turned out to be multiple (seven, I believe it was) Form 211’s, which are, in actuality, the federal government’s “Qui Tam” filings of a “Whistleblower” status, during which proceedings the IRS was telling us that this was the most potent way by which to recover the Federal Income Tax revenues that have been defrauded by the tobacco companies going back well over four decades and exceeding well over $50+ Million Dollars, alone, and which also continues unabated, to this very day, as a result of the refusal of the IRS to engage the tobacco companies for these crimes, the proceedings of which they had originally led us to believe they were going to engage against the tobacco companies.

In fact, it was the Special Agent of the IRS that eagerly offered the Executive Director of “The Shuster Project” 30% of all of the recovered sums of the defrauded US Federal Income Tax revenues, was thanking us for the “detail” of our presentation to him, as he stated several times how angry he was that the tobacco industry fraud and false claims crimes involved in that instance had taken place so often and for so long right under their nose’s and he reluctantly acknowledged that without the “hidden” details and specific, unknown-to-the-IRS tobacco industry documents that we had provided to him and the “formula/calculations” as to the massive regularity of how often these crimes were being perpetrated across the country by so many tobacco companies, not only would the IRS have never found out about these crimes, but that they would continue, unabated.

Guess what … because of the IRS’ continued ineptness and blatant non-action against the tobacco companies, those same tobacco industry fraud and false claims crimes continue unabated to this very day … and why? … ask the IRS, for only they know why they continue to do nothing about the tobacco industry fraud and false claims crimes that involves immense sums resulting from unrecovered federal income tax evasion revenues that not only goes back well over four decades, now, but that continues, unabated, to this very day!

I know because I regularly check with my sources within the tobacco industry.

As I have also mentioned in recent correspondence addressed to all of the parties mentioned above … we have had tens of thousands of grammar school students, high school students, college and university students, along with their teachers and parents, and we average approximately 1,200+ “new” student visitors and growing each month, now, being taught about tobacco industry fraud and false claims activities from the ever-growing content of our Award-winning web site at http://www.rxshuster.org/.

This includes all of the elected and appointed officials at the state and federal level that continue to choose to do nothing about these crimes, yet who also attempt to put out falsehoods and lies as to why they continue to avoid engaging the tobacco companies in regard to the fraud and false claims activities and crimes involved, despite even the new legislation we’ve initiated specifically allowing them to recover these enormous sums of defrauded tax revenues that are involved, with the fraud and false claims crimes even permeating down to the municipal level.

After careful, considerate and lengthy consultations with my senior staff, we have had to conclude that the author of the letter dated 1/8/2003 has either just not done enough research into how potent HB6942 is in allowing CT to enter into a Qui Tam action against the tobacco companies, and which also represents the most structured, organized, promising and overwhelming set of actions that can quickly recover the $300+ Million Dollars in outstanding, combined defrauded CT State Income Tax revenues and defrauded CT State Sales Tax revenues and by doing even just that shall also stop and finally prevent, once and for all, these tobacco industry fraud and false claims activities/crimes from continuing, as they continue to be perpetrated still now, completely unabated.

Or, for reasons known only to Calvin and the others this correspondence is being sent to, they are simply unwilling to pursue a Qui Tam action against the tobacco companies and as a result of that decision, the multitude of tobacco industry fraud and false claims crimes will merely continue to occur and the enormous sums of defrauded CT State Tax revenues merely continues to grow larger and larger, increasing the CT State budget deficit even higher and higher.

As “The Shuster Project” has indicated and illustrated in our web site, a set of potent CT State Qui Tam actions against the tobacco companies will in no way violate the “Master Agreement” stipulated within the multi-state “tobacco settlement” arrived at several years ago, so that “concern” certainly can be removed from the equation, as well.

The piecemeal approach Calvin suggests is simply ridiculous, will not work and does absolutely nothing to either address the recovery of this enormous sum of defrauded CT State Tax revenues or to specifically address these tobacco industry fraud and false claims crimes nor will Calvin’s “suggestions” shut these crimes down, as they must be.

“The Shuster Project” will continue to successfully move forward in our work in teaching both the student populations and the general public here in CT, including all of those visitors in all of the other States that access our web site, in regard to their studies of tobacco industry fraud and false claims crimes/issues and to also continue in our forward direction towards getting our first book published both in regard to that work and in reference(s) to our Award-winning web site content.

I have no doubts, whatsoever, that our continuing work will involve further correspondence to both Governor Rowland and the Department of Revenue Services, the CT Attorney General and the AG’s of other States, legislators, any “new” recipients as the need arises and, of course, our Press Releases to the general public.

As “The Shuster Project” has stated many, many times to all of the above stated individuals and many others, should there be a genuine, sincere and serious interest in recovering the $300+ Million Dollars in the combined, defrauded CT State Income Tax revenues and the defrauded CT State Sales Tax revenues, which is sorely needed in view of the current budget deficit crisis to prevent CT State worker layoffs, the cutbacks to the aid to CT’s cities and towns for both State and local Education programs and Municipal programs, including cuts to the elderly and the poor, our contact information is always provided at the end of our correspondence.

Any request(s) for a meeting that may be desired with the Executive Director of “The Shuster Project” that would result in a serious plan to initiate potent CT State Qui Tam actions against tobacco industry fraud and false claims activities/crimes would, of course, be immediately and positively accepted, as that approach holds the best organized, structured and strongest probability of immediate success in swiftly recovering the $300+ Million Dollars in combined, defrauded CT State Income Tax revenues and CT State Sales Tax revenues.

And contrary to what was stated in the letter sent to us, of 1/8/2003, we have never stated nor have we ever asked nor had any interest whatsoever to “take private legal action on behalf of DRS or the State of CT.”

Sincerely,

RXShuster

Executive Director

The Shuster Project - Tobacco Industry Fraud & False Claims Issues

http://www.rxshuster.org/

C/o

177 Andrew Avenue

Naugatuck, CT   06770-4359

Telephone: 1-(203)-723-1690

Fax: 1-(801)-705-3078

Toll Free Voice Mail: 1-(877)-547-1908

Email: RShus177@aol.com

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