Building firm files to dismiss charges on project
Ross Bros. & Co., built south overpass in Ontario
Tuesday, February 26, 2008 4:51 PM PST
Larry Meyer - Argus Observer
Representatives from a Salem-area company that is the focus of a racketeering complaint filed by the Oregon Department of Justice earlier this month delivered their own motion last week to have the complaint dismissed.
Ross Bros. & Co. and individuals named in a state complaint filed Feb. 6 in Malheur County Circuit Court asserted in the motion of dismissal that the Oregon Racketeer Influenced and Corrupt Organizations Act claim against the firm does not have merit.
Ross Bros. and Co. were the contractors for the construction of the 18th Avenue overpass south of Ontario. The civil complaint filed by Oregon Department of Justice asserts the defendants falsified business records and submitted false claims for payment in such areas as labor, materials testing, use of rental equipment and hauling.
A press release from the law firm of Stewart Sokol and Gray, the Portland legal team representing Ross Bros. said, in response, “(Their) motion demonstrates that the state has abused the ORICO statute by ignoring the intent of Oregon lawmakers and transforming an allegation of a single false claim on a single project involving a single alleged victim into a claim under a statute designed to provide redress to victims of repeated, organized and continuous criminal activity.”
Their attorneys are John Spencer Steward and Robert B. Coleman of that firm.
“Additionally, the motion demonstrates that state’s claim is nothing more than a transparent attempt to punish Ross Bros. with civil penalties for pursuing what Ross Bros. believes to be a valid claim for additional compensation under ODOT’s specified construction contract claims procedure and to dissuade other contractors on state projects from pursuing their legal right to pursue claims for additional compensation,” the lawyers’ statement said.
The defendants’ motion also asks for an expedited hearing.
The justice department requested civil penalties, ranging from $100,000 to $500,000. In addition, the department asked for additional penalties, including the forfeiture of Ross Bros.’ charter and the charter of each corporation involved in Ross Bros., the revocation of any Oregon Construction Contractors Board certificates, licenses or permits granted to the enterprise or to the defendants, as well as dissolution of the business.
