Capelouto v. United States

99 Fed. Cl. 682, 107 A.F.T.R.2d (RIA) 2659, 2011 U.S. Claims LEXIS 1112
CourtUnited States Court of Federal Claims
DecidedJune 17, 2011
DocketNo. 10-823 C
StatusPublished
Cited by13 cases

This text of 99 Fed. Cl. 682 (Capelouto v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capelouto v. United States, 99 Fed. Cl. 682, 107 A.F.T.R.2d (RIA) 2659, 2011 U.S. Claims LEXIS 1112 (uscfc 2011).

Opinion

OPINION

BUSH, Judge.

Now pending before the court is defendant’s motion to dismiss, which has been fully briefed and is ripe for a decision by the court. Because the court lacks subject matter jurisdiction over the claims raised in the complaint, those claims must be dismissed pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC).

BACKGROUND1

On November 30, 2010, plaintiff Dale Ca-pelouto filed a number of documents with the court, which were collectively docketed as his complaint. Athough Mr. Capelouto’s “complaint” does not set forth any substantive basis for the court’s jurisdiction and does not request any particular relief from this specific court, the court will nonetheless attempt to discern any potential claims raised in the documents he submitted to the court.

The first document is an e-mail from one Glenn Favre to the Tampa, Florida field office of the Federal Bureau of Investigation (FBI), dated February 2, 2008, in which Mr. Favre claims that he was the victim of theft and mortgage fraud committed by a business associate and attorney named Andre Keith Sanders. Compl. at l.2 Plaintiff was neither the sender nor a recipient of this e-mail, and his name does not appear anywhere in the communication.3

[685]*685The second document is a press release from the FBI National Press Office, dated June 19, 2008. Id. at 2. The press release describes a nationwide effort by the FBI and the United States Department of Justice (DOJ) to investigate and prosecute mortgage fraud and mortgage-related securities fraud.

The third document is an Internal Revenue Service (IRS) Form 211, entitled “Application for Award for Original Information.” Id. at 3. The document, which is dated April 16, 2010, appears to request a monetary reward for informing the IRS of alleged violations of tax law committed by several financial institutions. These alleged violations are described in the document as

NON-DISCLOSURE OF CONSUMER CREDIT CONTRACTS CREATING USURY LOANS AND SECURITIZING MORTGAGES, FALSE CLAIMS AGAINST THE U.S. FOR THE CREDIT CONTRACT INSURANCE USING UCC PLUS PAUL HASTINGS, FORECLOSURE OWNERS POLICY.
TRANSFERRED OVER 65B WITHOUT THE PATRIOT ACT. RETROACTIVE LIABILITY UNDER FISA TO JUNE 09 FERA, FCA, SUNTRUST ROBINSON & GS.ARS.

Id. The application names three individual claimants: Glenn Favre, Scott Bennett, and plaintiff. According to the application, the claimants reported the alleged violations to an IRS employee named Marty Basson on August 11, 2009.

The fourth document is a letter from the Whistleblower Office of the IRS to plaintiff, dated August 11, 2009, confirming the receipt of a Form 211 filed by plaintiff. Id. at 4. The letter indicates that the IRS would review the information contained in the Form 211 to determine whether an investigation and monetary award were warranted, and notes that the claim had been assigned to Mr. Basson for review.4

The fifth document is a complaint that was filed by plaintiff and Mr. Favre in the United States District Court for the Northern District of Georgia on November 16, 2010 (Case No. l:10-ev-3761), which names as defendants the United States Department of Energy (DOE), the Office of the Inspector General (OIG) for “the South East Fina[n]eial Crimes et al,” the United States District Court for the Eastern District of Tennessee, two DOE federal agents, and a magistrate judge. Id. at 5-10. The complaint appears to allege that various agencies and individuals within the federal government have participated in a vast cover-up of widespread mortgage fraud committed by a number of large financial institutions. In addition, the complaint further accuses those parties of engaging in “negligent misrepresentation” of a government contract, and claims that the magistrate judge named as a defendant issued an illegal search-and-seizure warrant in connection with another case. It appears that Messrs. Capelouto and Favre have requested more than one billion dollars in damages in their district court suit, not including damages attributable to the issuance of the allegedly illegal warrant. While the complaint asserts that the defendants engaged in both negligent and intentional acts that harmed the plaintiffs, it also points to the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 7101-7109, as the legal basis of the suit.5

The sixth document, entitled “Complaint for Negligence under the Federal Employers’ Liability Act,” purports to be an amended complaint filed in the United States District Court for the Northern District of Georgia by Messrs. Favre and Capelouto against the Defense Contract Management Agency (DCMA) in Case No. 1:10-cv-3561.6 [686]*686Compl. at 11-12. The amended complaint alleges that plaintiff was appointed as a “Civil Investigative Designee,” or “CID,” by the Federal Deposit Insurance Corporation (FDIC).7 In that capacity, according to the amended complaint, plaintiff was directed by the FDIC to gather intelligence for some unspecified purpose.

The amended complaint further alleges that DCMA disclosed protected information in connection with “the investigation of the SEC, CFTC, Banking and Finance Fraud, Failure of Insurance Regulators, Investment Bankers and Judges.” Id. at 11. In support of the amended district court complaint, the plaintiffs reference a number of potential jurisdictional bases:

This action arises under the United States Constitution; the Contracts Disputes Act[]; No Fear Act and Civil Rights amendment(s) violations lst-5th and under the Federal Civil R. Procedure 60(b) under federal statute, 11 U.S.C. § 522(b) 3 violated by the Department of Justice Executive Office of the Trustee, gross negligence administering the oath taken in sworn to administer their elected or appointed duties daily.

Id.

The seventh document is a case summary for one of the district court suits filed by Messrs. Capelouto and Favre. Id. at 13-14. The summary indicates that the suit is based on the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (2006).

The eighth document in Mr. Capelouto’s initial filing is an invoice, dated November 29, 2010, in the amount of $432,300 for services allegedly rendered to SunTrust Bank Holdings, Inc. and SunTrust Mortgage, Inc. by a company called EMC Search. Compl. at 15. The invoice seeks payment, to be made to Mr. Capelouto, for 4323 hours of the following services: “Non-Legal Professional Services[,] Rendered Information[,] Technical Financial Management Auditing[,] Subcontractor Contract and Grant Management[,] C.I.D. Attorney General Appointment[,] ... FACILITATE COMMUNICATION-RESEARCH REGULATORY CONTACTS — PREPARE COMPLAINTS[.]” Id.

Finally, the complaint includes a completed form, dated November 29, 2010, requesting reimbursement from the Department of the Treasury, entitled “Local, County, and State Law Enforcement Agency

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Cite This Page — Counsel Stack

Bluebook (online)
99 Fed. Cl. 682, 107 A.F.T.R.2d (RIA) 2659, 2011 U.S. Claims LEXIS 1112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capelouto-v-united-states-uscfc-2011.