In the year-end issue of ENR, you published the article "Indiana Firm Settles Fraud Claims" concerning my client, Paul Roederer. As a federal whistleblower against his former employer, Gohmann Asphalt and Construction Co., Mr. Roederer was instrumental in the government's multimillion-dollar recovery against Gohmann. I want to clarify a passage attributed to me.
The article read, "The [whistleblower] suit did not render [Mr. Furman's] client immune from possible prosecution for fraudulent acts at Gohmann, he adds." Neither Mr. Roederer nor I believed that Mr. Roederer committed any actionable fraudulent acts while employed at Gohmann.
My comment was meant to address all whistleblower cases. In any lawsuit brought under the Federal False Claims Act, the mere filing of the lawsuit does not immunize the whistleblower from potential prosecution or liability. However, this is a risk that we assess in representing our clients. In this case, we did not believe that Mr. Roederer had risk for filing the lawsuit. He did not and, instead, was rewarded for filing suit and providing his information to the federal government.
C. Dean Furman, ESQ.
Furman Nilsen & Lomond, PLLC
Louisville, Ky.
Steel Is Available
ENR's News Alert from Dec. 19, "Steel Inventories at 10-Year Low," is another example of failing to recognize that the steel market is not monolithic. While the report may be true for some steel products, such as sheet steel used to manufacture refrigerators, it is false for structural steel products such as wide-flange sections and HSS member.
Rather than being at record low levels, service center inventory of structural products actually grew by 35,000 tons in October, the latest month for which figures are available, and now represents more than 2.6 months of demand. In 2008 domestic capacity for wide-flange products will increase by nearly one million tons, or 15%, as a result of mill expansions. In addition, several jumbo sizes formerly available as imports will be rolled domestically. The structural steel industry is well prepared to meet projected demand for steel in construction.
Roger E. Ferch
President
American Institute of Steel
Construction
Chicago
Outlook 2012 Executive Conference
Get a first-hand view of industry trends and the economic forecast that will affect the construction industry in 2012. This 73rd Annual Outlook Conference will give you the vital information you need to plan for business success in the year 2012 and beyond.
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