- 12 - In extending her counteroffer, Ms. Branda expressly adopted the first and second numbered paragraphs in Mr. Kilberg's January 31, 1986, letter (quoted above) and partially adopted and modified the third numbered paragraph therein. Ms. Branda did not specifically characterize the settlement payment, or any part thereof, as either compensation for the Government's losses or as a penalty. On February 18, 1986, the parties executed a settlement agreement that was consistent with Ms. Branda's February 7, 1986, counteroffer. The settlement agreement provided that Talley and Stencel would pay the Government $1.9 million ($2.5 million less an offset of $600,000), that Talley and Stencel would pay $900,000 upon execution of the agreement, and that Talley and Stencel would pay the remaining $1 million no later than February 18, 1987, with simple interest computed at the rate established by the Secretary of the Treasury pursuant to the Renegotiation Act Amendments, Pub. L. 92-41, sec. 2, 85 Stat. 97 (1971). The settlement agreement provided that Talley and Stencel were relieved of liability under the FCA and the TINA, and that the settlement satisfied Stencel's obligation to provide restitution under the Judgment and Probation Commitment Order entered on July 8, 1985. The settlement agreement did not characterize the payment as either compensation to the Government for its losses or as a penalty.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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