Mr. KURZBAN HAS DONE A FABULOUS JOB FOR US!!! PLEASE DONATE TO SUPPORT HIS EFFORTS. BE SUPPORTIVE AND GRATEFUL J AND HOPEFUL

We filed today our opening brief on appeal. The brief attacks the government’s case from two perspectives. First, we challenge the view that the selection of applicants was no random by demonstrating that the government’s assertions were not accurate. The government never provided a convincing explanation as to why 2% of the people were not taken from the first two days if the applications were all taken in numerical order. Second, they never explained why under their theory there were insufficient numbers from Africa, Asia and North America to obtain all the applicants they needed on the first day (Oct 5th) if the computer merely selected people by their registered number. We also challenged the decision of the district court on the basis of estoppel against the government. In light of the new OIG report, there is now enough evidence to suggest that the government’s actions constituted affirmative misconduct. This form of “affirmative misconduct” was the missing aspect to our prior claim of estoppel. In our view, the OIG report fills that gap by showing how the government willfully ignored their own criteria and regulations in the selection of the company and the process they utilized. If we were to win on estoppel it would mean that the government would be prevented (estopped) from denying the 22,000 people the right to be in the current lottery.

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.

Ira Kurzban

Attachments:

Brief 1.pdf
Brief 2.pdf
Brief 3.pdf