- 20 - West Jersey charged and collected were between 10 to 40 percent of the originally quoted price for the overbilled items. However, Short testified that their overbilling and kickback arrangement applied only with respect to specially fabricated items that Short ordered on behalf of B.F. Shaw, and not to stock items. Neither Mr. Walker or Short could provide a precise breakdown with respect to how much of Short's purchases on behalf of B.F. Shaw consisted of specially fabricated items, as opposed to stock items. Short related only that B.F. Shaw purchased more specially fabricated items than stock items. No specific evidence was offered on whether the overbilling and kickback arrangement with Simmel covered all items or only certain items sold to Pullman. Yet, we think that the arrangement applied only to certain items, since Pullman, like B.F. Shaw, would have obtained a price list from West Jersey with respect to stock items Pullman purchased. During 1978 through 1981, Pullman purchased more from West Jersey than B.F. Shaw did. We thus believe Mr. Walker's $407,900 estimate to be grossly excessive, considering that the overbilling and kickback arrangements did not cover all items that Short and Simmel ordered on behalf of their respective employers, B.F. Shaw and Pullman. A substantial portion of West Jersey's sales to these two contractors involved items not subject to the overbilling and kickback arrangements with Short and Simmel. Further, only the overbilled amounts West Jersey collected, not the entire gross sales price of the overbilled items, was shared with Short and Simmel.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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