UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHER DIVISION

)
UNITED STATES OF AMERICA, )
ex. rel. )
)
BEVERLY TRAN, )
)
Plaintiffs, )
) CASE NO: 16-CV-10291
v. ) HON: Avern Cohn
) MAG: Mona K. Majzoub
DETROIT LAND BANK AUTHORITY; )
CITY OF DETROIT, a non-profit domestic corporation; )
MIKE DUGGAN, Mayor, City of Detroit; )
CORPORATION OF WAYNE COUNTY, a non-profit )
domestic corporation. )
) UNSEALED
Defendants. )
)
ADDITIONAL DEFENDANTS )
TITLE SOURCE, INC., a corporation; and, )
DETROIT LAND BANK COMMUNITY )
DEVELOPMENT CORPORATION, a non-profit )
domestic corporation. )`

PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE’S REPORT AND

RECOMMENDATION

Under 28 U.S.C. § 636(b)(1)(C) and Rule 72.3(b) of the Rules of this Court, Relator Tran

respectfully submits the following objections to certain of the Magistrate Judge’s Report and

Recommendation, issued on March 12, 2018. Relator does not object to the Report and

Recommendation overall, or its conclusion that Plaintiff lacks legal standing proceed as a pro se

litigant, but objects to the narrow interpretation of the False Claims Act 31 U.S.C. §3729 et. al, and its

premature determination to dismiss the claims by omitting a key component to the FCA in the

responsibilities of the Attorney General to enter its consent or opposition to dismissal into the public

record.

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 OBJECTION #1: If a pro se is not allowed to proceed in a FCA action, does the U.S. Attorney
General possess a duty to explain to the court the reasons why it declined to intervene?

Relator Tran states, “Yes”.

Section 3730(a) of the FCA states in pertinent part:

“Responsibilities of the Attorney General: The attorney General diligently shall

investigate a violation under section 3729. If the Attorney General finds that a person
has violated or is violating section 3729, the Attorney General may bring a civil action
under this section against the person.”

The same section aligns the parties eligible to bring forth an action or claim, through a parallel

construction, where subsection “a” of the FCA, “Responsibilities of the Attorney General” and its

subsection “b”, “Actions by Private Persons” are held in equal standing, categorically enumerated in

the same subsection of the FCA's classification coding as unequal competing economic interests in the

execution of justice, or rather better recognized in the colloquial street doctrine of, “No money, no

justice.”

Whistleblowers who are determined by the courts to be indigent, are also prejudicially

determined unable to afford competent and qualified legal counsel to proceed in matters brought

pursuant to the FCA, furthering a compelling governmental interest of intervention.

Even if relator, is able, for a second time, to successfully secure legal counsel, there are no

guarantees that the matters will proceed with exact, ethical, aggressiveness and legal acumen, in

representing the real party of interest, United States, as is the duty of the Attorney General, and, as

such, through an economic default of the FCA, pro se litigants are, therefore, automatically,

statutorially barred from prosecuting matters dealing with complex and sophisticated fraud schemes,

for lack of equal access and authority to matters of national security in financial and intelligence

resources as the United States Government, which, in itself, the FCA illuminates the duty of the

Attorney General to investigate and to prosecute criminal and/or civil actions where, the real party, the

United States, is concerned. (emphasis added). ((See Swartz v .National Aeronautics And Space

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Administration (NASA), 2008 WL 11324060)).

The authority of the Attorney General is warehoused in The Judiciary Act 1789 § 35 which

states in part:

“...[w]hose duty it shall be to prosecute in such district all delinquents for crimes and
offences, cognizable under the authority of the United States, and all civil actions in which
the United States shall be concerned,” (emphasis intentionally added).

With this provision of duty to prosecute in tow, the FCA provides for explanation to be entered into the

public record as to why the Attorney General declines intervention in this matter, at this time.

Relator, in this particular matter, having applied and been granted to proceed in forma

pauperus, in this civil action, has demonstratively claimed indigency, having exhausted all

administrative avenues of remedy, facing retaliation, and thus, not in possession of any access to the

financial and intelligence resources to successfully proceed in the matter.

On July 31, 2017, Relator Tran orally reaffirmed, again, into the record, indigent status when,

Relator's attorney of record, grotesquely failed to represent Relator, and was terminated by this Court

(Docket #20).

The Attorney General has yet to respond, in light of new information of Relator's defaulted

legal status as a pro se litigant, in its reasons why, at this time, whether it continues to decline

intervention.

31 USC 3130e(4)(A) states, in whole:

The court shall dismiss an action or claim under this section, unless opposed by the
Government, if substantially the same allegations or transactions as alleged in the
action or claim were publicly disclosed—

(i)in a Federal criminal, civil, or administrative hearing in which the

Government or its agent is a party;

(ii)in a congressional, Government Accountability Office, or other Federal

report, hearing, audit, or investigation; or

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 (iii)from the news media, unless the action is brought by the Attorney General or
the person bringing the action is an original source of the information.

The Attorney General has yet to publicly consent or oppose the Report and Recommendations

to Dismiss with this Court whether Relator is an original source of information, pursuant to 31 U.S.C.

3130(4)(B), and/or if Relator has made substantially the same allegations or transactions as alleged

in the action, or claim, in other venues identified in 31 U.S. C. 3130(4)(A)(i),(ii), and (iii), including

her blog, http://beverlytran.com/, Congress, U.S. Department of Justice, or any other federal law

enforcement entity of the Executive Branch, and/or, if there are any ongoing criminal investigations or

alternative remedies being pursued by the Attorney General pertaining to Relator being an original

source in this, and any other related matters. (emphasis intentionally added).

OBJECTION #2: Did Relator intentionally bring this matter as an action for intervention of the

Attorney General?

Relator Tran states, “Yes”.

Defendants have moved this Court to dismiss pursuant to F.R.C.P. 12(b) failure to state a claim.

Relator Tran originally filed this writ as a Civil Investigative Demand and brings forth this action

demanding intervention from the Attorney General as she knowingly lacks the economic and

intelligence resources to pursue this matter as a civil claim, even with an attorney of record.

31 U.S.C. § 3730(b)(5) states, in part:

When a person brings an action under this subsection, no person other than the
Government may intervene or bring a related action based on the facts underlying the
pending action.

Relator has successfully demonstrated that there currently exists a premature and narrow interpretation

of the FCA in the generation of Report and Recommendations for Dismissal by failing to allow the

Attorney General to provide this court written consent or opposition, and their reasons for such

decision.

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 CONCLUSION

For all reasons set forth above, Relator Tran respectfully objects to Report and

Recommendations, at this time.

Respectfully submitted.

_/s/Beverly Tran
BEVERLY TRAN,
Plaintiff DATE: March 26, 2018
Pro se
4239 Tyler
Detroit, MI 48238
313-455-8882
tranbeverly@gmail.com
http://beverlytran.com

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 Certificate of Service

I hereby certify that on March 26, 2018, I electronically filed the foregoing with the Clerk of the Court
for the United States Michigan Eastern District Court by using the CM/ECF system. I certify that all
participants in the case are registered CM/ECF users and that service will be accomplished by the
CM/ECF system.

/s/Beverly Tran

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