Image
  • Home
  • Contact

Second whistleblower case against Yavapai College flight program going to jury

By R. Oliphant
Tuesday, January 3rd, 2017

The case alleges Yavapai College’s airplane pilot program took millions of dollars from the VA by submitting false claims for veteran education benefits

A federal judge has ruled that a second whistleblower case against a Yavapai College flight program will go forward.  The case alleges Yavapai College’s airplane pilot program took millions of dollars from the VA by submitting false claims for veteran education benefits while knowingly violating the VA’s enrollment limitations.  The Complaint was filed by the former director of aviation programs at YC, Dan Hamilton, and alleges that YC and its airplane program partner, NorthAire Aviation, violated the VA’s funding rule that limits VA beneficiary enrollment to 85% in any program.  The Complaint details schemes wherein NorthAire improperly paid for students whom the program certified were not receiving any institutional aid and that the program improperly counted students who were not in the airplane program including part-time, non-flight training, high school students for whom YC waived tuition.  The 85% enrollment limitation is the VA’s safeguard to guarantee that the programs have real world relevance, demand and market driven pricing. 

 In a ruling on December 6, 2016, the Judge Murray Snow denied a motion to dismiss filed by YC’s partner NorthAire.  NorthAire argued that as a mere contractor with YC who did not, itself, submit the claims or certifications to the VA, it could not be held liable for the program’s fraud.  The Court disagreed, holding that “liability extends to any person who knowingly assisted in causing the government to pay claims which were grounded in fraud, without regard to whether that person had direct contractual relations with the government.”  The Court found that Hamilton’s Complaint amply alleged details of how NorthAire knew the YC airplane program was violating VA regulations and thus defrauding the VA.  Indeed, the Court said Hamilton could proceed on his claim that NorthAire and YC conspired to defraud the VA.  The Court dismissed the alternative theory that the airplane program improperly retained overpayments finding that the Complaint alleged more than a mere retention of an overpayment.  “Rather, the Complaint alleges that the Defendants mislead the VA to receive funds that they did not have a right to.”  This ruling follows the Court’s earlier decision denying summary judgment in a case against YC’s Helicopter Program.  Both cases are now on proceeding toward trial.  Both expose the college, its partners and their agents to $10s of millions in damages. 

 Under the False Claims Act, the statute that allows whistleblowers to sue on behalf of the federal government, those who defraud the government must repay three times the amount they fraudulently took, plus penalties.  Whistleblowers, like Dan Hamilton, can recover up to 30% of any moneys obtained for the government under the False Claims Act. 

Categories : Flight school, Lawsuits

Topics

  • Academic awards
  • accreditation
  • ACT
  • ADMINISTRATION
  • Administrative College
  • Admnistrative turnover
  • Advisory Committees
  • Allegations
  • Allied Health Campus
  • Alumni
  • Arizona technical college
  • Art Gallery Event
  • Art programs
  • Asbestos
  • ASU
  • athletic camps & clinics
  • Athletics
  • Attorney fees
  • Audit
  • Aviation program
  • B.A. DEGREES
  • Baseball team
  • Basketball program
  • Basketball program
  • BEAVER CREEK
  • Beer projects
  • Black History Month
  • Bonds
  • Booklets
  • Budget
  • Bus service
  • Butterfly Garden
  • Camp Verde
  • Campaign 2018
  • Career and Technical Education
  • CARES GRANT
  • CARVER MODEL
  • Child Care
  • Chino Valley campus
  • CLOTHING STORE ON PRESCOTT CAMPUS
  • Coconino Community College
  • College for Kids
  • Commencement
  • Communication
  • Community College Citizen Advocates
  • Community colleges outside yavapai
  • COMMUNITY EDUCATION
  • COMMUNITY EVENT NOT PAC
  • Complaints
  • Construction
  • COTTONWOOD COMMUNITY SCHOOL
  • COVID 19
  • Crime
  • CTEC
  • Culinary Arts
  • Cultural Events for the Public
  • CURRICULUM
  • DAKA
  • Detention Academy
  • District Governing Board
  • DK RANCH
  • DOG CERTIFICATES
  • Dropout rate
  • Drug investigation
  • Dual enrollment
  • EARLY COLLEGE ACADEMY
  • Economic Development
  • Economic impact of College
  • Editorials/Essays
  • Educational material references
  • Election 2018
  • Election 2023
  • Embry-Riddle
  • EMPLOYMENT
  • Employment issues
  • Enrollment data
  • Event
  • Executive meetings
  • Faculty
  • Family Enrichment Center
  • FILM
  • Film School
  • Fire Academy
  • Fitness Center
  • Flight school
  • FOOD PANTRY
  • Food Service
  • Forum for Public Affairs
  • Foundation
  • Free speech
  • Fundraising events
  • GED
  • Gift of ranch
  • GOVERNING BOARD
  • Graduation
  • Grants
  • Greater Verde Valley Chapter
  • Health Science Building
  • Health Summit
  • History
  • Hotel Restaurant Management
  • Housing
  • Late class offerings
  • Lawsuits
  • LEAD program
  • Learning Centers
  • Lifelong learning
  • Loan repayment
  • manzanita
  • Maricopa Community College
  • Maricopa Community Colleges
  • Master documents
  • MASTER PLAN
  • Mayer High School
  • McCASLAND
  • Meeting Notice
  • Memorials
  • MENTAL HEALTH
  • METAVERSITY
  • Mingus Union High School
  • Mountain Institute
  • Movie
  • MULTI PURPOSE FIELD VERDE CAMPUS
  • Multi-use Field
  • Music
  • NARTA
  • Nature trail
  • New Courses
  • Newsletter
  • Non credit courses
  • Northern Arizona University
  • Nursing
  • OER
  • OLLI (Osher Lifelong Learning)
  • On line classes and accreditation
  • Open Meeting Law
  • OPINIONS
  • Paramedic
  • Performing Arts Center
  • Policy Governance Indoctrination
  • Policy Manual
  • Politics
  • Polling data
  • Population
  • POVERTY
  • Prescott Campus
  • PRESCOTT PINES CAMP
  • Prescott Valley Campus
  • PRINTER 3D
  • Prison program
  • Property purchase
  • Rad Tech
  • Rankings
  • Regional Economic Development Ctr
  • Residence halls
  • RV PARK ON VERDE CAMPUS
  • Salaries
  • Scholarships
  • Search Committee
  • Secret meetings
  • Sedona Arts Center
  • Sedona Campus
  • Sedona land settlement
  • Small Business Development
  • Small Business Development Center
  • Soccer team
  • Softball team
  • SOFTWARE UPGRADES
  • Solar projects
  • Southwest Wine Center
  • Sports in General
  • STAFF
  • Strategic Plan
  • Student achievements
  • Student Organizations
  • SUMMER CLASSES
  • Survey results
  • Surveys
  • Taxes
  • Ten year plan
  • Ten Year Plan Construction
  • Tennis Court
  • TINY HOME PROJECT
  • Trail
  • Transportation
  • Truth in advertising
  • Tuition
  • UNDERSERVED
  • Underserving the Verde Valley
  • Univ of Arizona
  • University of Arizona
  • VACTE
  • Verde Campus
  • Verde campus events
  • Verde Tech High School
  • Verde Valley Forum for Public Affairs
  • Veterans Administration
  • Video
  • Videotape
  • Virtual Reality
  • Viticulture
  • Vocational Education
  • Vocational training
  • Volleyball team
  • WAKE UP VERDE VALLEY BOOK ED 1
  • WAKE UP VERDE VALLEY FIRST EDITION
  • Waste
  • Web sites
  • Weight room
  • Wills salary
  • Wine Center
  • WORKFORCE DEVELOPMENT
  • World War I symposium
  • Yavapai Community College
  • Yavapai-Apache Nation