HOUSE BILL 6942 WAS THE WEAKENED AND GUTTED "REVISION" OF OUR ORIGINAL HB5602 SUBMISSION THE YEAR BEFORE, THAT THE SHUSTER PROJECT HAD DRAWN UP TO GIVE CONNECTICUT SHARP TEETH IN RECOVERING IN EXCESS OF $200 MILLION DOLLARS IN DEFRAUDED STATE SALES TAX AND STATE INCOME TAX REVENUES AS THE RESULT OF TOBACCO INDUSTRY FRAUD & FALSE CLAIMS.

AS A RESULT OF THOSE SPURIOUS AND UNSOLICITED CHANGES TO THE SHUSTER PROJECT'S ORIGINAL HB5602 SUBMISSION, IT WAS NECESSARY TO ENTER INTO THE RECORD EXACTLY HOW THIS BILL HAD TO BE RETURNED TO IT'S ORIGINAL LANGUAGE IN ORDER TO RESTORE IT'S STRENGTH AND POTENTCY.

*** PLEASE NOTE THAT THIS WAS THE STATEMENT I READ AND HAD PLACED INTO THE RECORD IN FAVOR OF THE PASSAGE OF THIS BILL ON THE DAY HB6942 WAS BROUGHT UP IN THE CT JUDICIARY COMMITTEE. ***

IT WAS THIS DAY THAT CT STATE REPRESENTATIVES KEVIN DELGOBBO AND RON SAN ANGELO LIED AND RENEGED ON A PROMISE TO SPEAK IN FAVOR OF THIS BILL ALONGSIDE ME IN THE JUDICIARY COMMITTEE WHEN THEY KNEW THAT THEIR VOCAL SUPPORT WAS SO VERY IMPORTANT!

To The State Senators of Connecticut,

Raised Bill #6942 an Act Concerning The Connecticut False Claims Act, should be passed this session.

When it was introduced as HB5602 last year, Atty. Genl. Richard Blumenthal spoke in favor of it strongly.

This Act provides the State of Connecticut with a potent platform by which to become knowledgeable of false claims conducted by businesses and industry based both inside and outside of Connecticut where the State of Connecticut would otherwise never obtain this information.

Further, this act allows for ordinary citizens and/or workers who are being forced or harassed within their work environment to remain silent relative to false claims being made in Connecticut which could result in tremendous sums of money denied the State of Connecticut.

I would recommend just the following changes, yet still strongly recommend that this bill be passed this legislative session.

Lines 49 and 50 should be changed to reflect either a percentage of the damages found to have been incurred by the false claim or significantly increased.

If the damages were found to exceed, lets say, $190 million dollars or more, the maximum fine of $10,000.00 is ridiculous and sends no message to other businesses generating false claims in the State of Connecticut.

Lines 97 through 101 should be changed to reflect that the discovery false claims should be retroactive to when the first false claim was generated.

Not unlike the State DEP that can assign "responsible party" status to the pollution of a landfill or property site going back over 50 years, as has been the case for the Laurel Park Landfill in Naugatuck, there should be a direct reference to retroactivity without time limit, or at a minimum...50 years.

And in conclusion, Lines 336 through 346 should be removed.

It assumes that the person bringing the information to the State of Connecticut might be considered "disruptive" to the proceedings where just the opposite might be true, yet the participation of the original informant to the State of Connecticut may have expert or professional or relevant inside knowledge of the false claim that the State prosecutors do not understand or are being influenced by the business or industry which generated the false claim.

No restriction should be placed upon the original informant. In the course of the various discovery procedures this statute invokes, there is no need for such limitations to be placed upon the original informant.

I would like this letter, as transmitted to Robert Shea, to reflect my official position relative to my recommendation that Raised Bill #6942 be passed this legislative session.

The 3 minute limitation on public comments on this important legislation were woefully inadequate to address the issues I have in this letter.

Thank You for the opportunity to place my comments in the record relative to Raised Bill #6942

Sincerely, Robert X. Shuster 4/16/99