- 5 - Shaw, Inc. (B.F. Shaw). Simmel was employed as a purchasing manager with Pullman, Inc. (Pullman). The overbilling and kickback arrangement with Short covered only certain specially fabricated items that Short ordered on behalf of B.F. Shaw from West Jersey. The kickback arrangement did not apply with respect to stock fabricated items that West Jersey sold B.F. Shaw, because the prices West Jersey charged B.F. Shaw with respect to the stock items generally were fixed under a previously established price list for such stock items. Typically, overbilling would occur after Short or Simmel, as purchasing agent for his employer, contacted Mr. Walker or another West Jersey employee, requested a price quote on certain items, and then placed an order for the items. With Short's or Simmel's knowledge and connivance, the price West Jersey later billed and charged B.F. Shaw or Pullman for the ordered items would 'be inflated above the price originally quoted to Short or Simmel. Mr. Walker would record the amounts West Jersey overbilled B.F. Shaw and Pullman (i.e., the difference between the inflated price West Jersey charged and the originally quoted price) in various notebooks he maintained for each company. Pursuant to the overbilling and kickback arrangement with Short, part of the overbilled amounts that West Jersey collected from B.F. Shaw was required to be paid over to Short. Essentially, Short was to receive a 50-percent share of the overbilled amounts that West Jersey collected from B.F. Shaw. Similarly, under the overbilling and kickback arrangement with Simmel, part of the overbilled amounts thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011