120 Questions for John Curtis that Utah deserves to have answered
An open letter to John Curtis from contributors at Utah Standard News, compiled by Ed Wallace, Publisher of USN / 11-1-2017 / 3 pm
Mr. Curtis, We have received the following information from a reader: “I emailed John Curtis about this and received this reply”– “I have not responded to these charges because they are offensive, untrue and libelous. They are all blanketly ridiculous and don’t deserve a response.”
Our reader was referring to the following articles:
Utah Standard News (USN) has a clear understanding of “offensive, untrue and libelous” statements, especially when we are attacked as “lunatic wackos” for exposing the truth. We also understand the tactic of calling people names when the facts cannot be refuted and/or ignoring the facts when they can’t be denied. Even though “Candidates have a legal right to lie to voters just about as much as they want”, including telling an even bigger and louder lie to cover up the lies already told, Utah deserves to be represented by an honorable and honest person. Since you present yourself as such, you should have no problem responding to these questions that your potential constituents deserve to have answered.
If you can provide any evidence to refute any of these facts, beyond your word, we will be more than happy to publicly apologize for being misinformed and/or misreading the linked documents. To make it simple for you to point out those errors, that you claim “are all blanketly ridiculous and don’t deserve a response”, we’ve grouped our questions according to subject along with bold blue links that you and our readers can click on. We, and Utah, look forward to your answers.
Questions about Sexual Harassment, Gender Discrimination
Questions about Business Experience & Incompetence
Questions about Broken Contracts
Questions about Inappropriate, Illegal & Criminal Behavior
Questions about “Years of experience conducting firearms and shooting range training.”
Questions about 1999 to Present
Questions about “The Golden Goose”
Rather than being redundant, please respond to these 9 questions that have relevance to most of the sections:
2. Do you acknowledge that you purchased those positions from Scott Robert on September 16, 1997?
3. Do you acknowledge that you became a stockholder at Action Target Inc on October 1, 1997?
4. Do you acknowledge that you entered into written and verbal agreements with Roberts?
6. Do you deny that as COO and VP over Sales and Marketing at ATI, and a stockholder, you were intimately involved in, and knew of every detail and aspect of company operations, including being responsible for the implementation of procedures and policies put forth by the CEO and the Board of Directors?
7. Do you acknowledge that you sent a primary promotional flyer to most, if not all in the third congressional district, by U.S. Mail, with three carefully selected bullet points? In it, you claimed that you:
– “Built a multi-million dollar company that employs hundreds right here in Utah.”
– “Cut spending and shrank government as mayor of Provo, leading to a 94% approval rating.”
– “Years of experience conducting firearms and shooting range training for the U.S. Military, police departments and the NRA”
8. Do you acknowledge that you participated in a recorded interview with USN?
9. Do you agree with the transcript of that recorded interview?
Questions about Sexual Harassment, Gender Discrimination & Retaliation
1. Do you acknowledge that in your recorded interview with USN, you said in response to a question about you being familiar and involved in sexual harassment lawsuits, wage claims and breaches of contract at Action Target while you were there, that you responded: “Not at all… no.”?
2. Do you acknowledge that you stated, concerning sexual harassment claims, “No. And it sounds to me like you’ve got a whole bunch of bad information.”?
3-7. Do you deny that you often degraded Gayle Adams and subjected her to sexual harassment and gender discrimination, and threatened her with having her pay reduced, and then constructively fired and offered her $10,000 if she would sign a non-disclosure confidentiality agreement and go away quietly, and that she refused?
8-9. Do you acknowledge that Ms. Adams filed a claim of Sexual Discrimination, Harassment, and Retaliation with the UALD (Utah Antidiscrimination and Labor Division) and started legal action against ATI, and that your name was specifically mentioned in that claim along with her following statement: “I have subjected to sexual harassment, general harassment, denied opportunities for commissions, disciplined, and constructively discharged. From June in 1993 through January 21. 1999, I was harassed, belittled, disparaged and ridiculed. I have been subjected to this harassment from Kyle Bateman since 1993, and from John Curtis since 1998. Inappropriate comments were made, including but not limited to the following: “females are a dime-a-dozen” and “we can get $8-dollar-an-hour gals all over the valley.” My direct supervisor (Scott Roberts) was asked when he resigned if he was going to “take his concubine with him“. On January 21, 1999, Mr. Curtis held a meeting with me for approximately six hours, presented me with an “Employee Disciplinary Report” for vague and nonspecific reasons, subjected me to a 30 day probationary period, and told me to take two weeks off. As a result of the unwarranted discipline and continued harassment, I was forced to resign on January, 21, 1999.”?
10-11. Do you acknowledge that Evan Schmutz, the attorney for Ms. Adams and Linzee (Martin) Francom, sent a legal letter to ATI that included a “Demand for Settlement”, and that you were mentioned in the following context: “Ms. Adams was assigned to John Curtis and demoted. Her job responsibilities were diminished and she was given a confusing and uncertain job description. Mr. Curtis remarked that she was only an “$8 and hour gal” and threatened to reduce her pay. As soon as her reassignment was effectuated, Mr. Curtis called Ms. Adams into a lengthy meeting in which he deprived her of the sales area she had previously had responsibility for, and informed her that she should take some time off before returning to work. Mr. Curtis said that when she returned, he would expect her to “come follow me”, referencing the biblical text, and she better be ready to do whatever he asked of her, even if it was to jump rope all day. The job environment immediately became more hostile for Ms. Adams. She was demoted, her level of pay was threatened, she was intimidated and humiliated because she was a woman, and she was reminded that Mr. Roberts was no longer around to protect her. On or about January 21, 1999, Mr. Curtis called Ms. Adams into his office and handed her a letter of discipline, with non-specific criticisms. Mr. Curtis asked her to to accept the discipline by signing the letter. Ms. Adams refused, since the discipline was completely unwarranted. It was apparent that Action was setting Ms. Adams up to be terminated. The environment was already hostile. The receipt of a bogus letter of discipline added to that environment and resulted directly in Ms. Adams’ constructive termination.”?
12-13. Do you acknowledge that Mr. Schmutz’s letter estimated Ms. Adam’s total damages at approximately $400,000 plus attorney’s fees but she would settle for $200,000 and simply prefer to avoid any further involvement with you [ATI]? Do you deny that the matter was settled to Ms. Adams satisfaction?
14. Do you acknowledge that Mr. Schmutz also stated in his letter that: “Ms. Adams and Ms. Francon are not the only women that have suffered severe discrimination at the Action workplace. Others have experienced the same hostilities, harassment, and discriminatory compensation and treatment as these two women. We have interviewed some of these women to confirm that the experiences of our clients were part of the ordinary and routine environment created at Action.”?
15. Do you deny that this ‘hush money’ practice became a standard procedure when dealing with covering up your and ATI’s abusive and illegal practices?
16-18. Do you deny that about a year later, after Adams left ATI, that you wrongfully fired Rita Duprat, who was also forced to enter a confidential settlement agreement with you and ATI and that Duprat stated that you wrongfully terminated her under a cloud of intimidation and false information and that her experience with you is one of the worst unpleasant experiences of her life
19. Do you acknowledge that Edward S. Seguine, Jr. (financial manager at ATI), sent a letter on October 22, 1999 to help Ms. Adams validate her case concerning her claims about the toxic and illegal atmosphere that existed at ATI?
20-21. Do you acknowledge that much of what happened at ATI is not available to the public, but the sworn testimony by Kyrsten Oler (Director of Human Resources at ATI), that was given during Roberts’ lawsuit against ATI, is, and that she testified that the statements provided by Seguine are true?
22. Do you acknowledge that Ms. Oler, in a deposition taken on April 16, 2014, cited 18-19 individuals who had relevant claims of Sexual Discrimination, Retaliation, Harassment, and Religious Discrimination, Racial Discrimination, Gender or Sexual Discrimination, Age Discrimination, and unlawful and discriminatory employment practices, that were filed with NLRB, UALD and/or EEOC and that most of these former ATI employees settled out of court and entered into confidential settlement agreements with ATI?
23. Do you acknowledge that Ms. Oler’s testimony cited the following individuals who suffered similar experiences as Ms. Adams and Ms. Dupert while you were COO at ATI from 1999 to around 2010 or beyond?
24. Sexual or Gender Discrimination and Harassment claims included Liz Norman (approx. 2009 – present,) pg 16-17, and Catherine Lemaire, pg 16-17. To resolve those problems, Oler stated that she worked with Tom Wright, ATI President, and Curtis, former VP and still an owner at ATI. Oler also testifies that Denny Taylor (ATI Assistant CFO with ATI, approx. 2009 – 2013) called Curtis directly about this problem, pg 19
25. Oler testified that Scott Roberts (with ATI 2004 – 2011) “said he felt that he had been discriminated against based on his age. I do recall that happening.” pg 56
26. Tara Johnson (ATI NW Sales Manager with ATI approx. 2007 – 2010) recently sued ATI for wrongful termination based upon Sexual Discrimination, Retaliation, Harassment, and Religious Discrimination – pg 81. Oler went on to state (pg 94), “I do think there is some merit to her gender discrimination claim.” That case was settled. In short, Johnson alleged that her opportunities within the company were limited by management’s view of women’s roles, which were shaped by their own religion. Johnson reported that she was discriminated against even after her termination, when her male successor was offered the nearly $500,000 in commissions that she had earned.
27. Sarah Snow (ATI Project Manager with ATI approx. 2006 – 2008) was terminated by ATI and filed a Sexual Discrimination, Harassment, Retaliation and Gender Claim (pg 81) with either the EEOC or UALD or both, and that ATI settled with Snow for $60,000 that came with a confidentiality agreement. – pgs 82/84.
28. Oler testified that three or four ATI employees in the ATI Electronic Department filed claims with NLRB (National Labor Relations Board) and that these are now settled – pg 83.
29. Oler testified that Kevin Adams, a former welder with ATI approx. 2009 – 2010, also filed claims – pg 83.
30. Oler testified that when Clay Smith, (ATI Military Sales Manager with ATI 1999 – 2014) was terminated from ATI: “Clay Smith threatened a lawsuit.” that included Age Discrimination. ATI settled out of court with Smith under a confidentiality agreement. Pg 85-87
31. Do you deny that the following individuals went through similar experiences while you were still COO at ATI?
32. Derik White was an Independent Builder & Factory Installer for ATI since the mid 1990’s. White said that you and your executive team “stiffed” him on many jobs and invoices when they became due at the end of the job. When he realized that he was over $400,000 in the red with ATI, he decided to start Fusion Targets, Inc., which is now one of ATI’s main competitors. ATI sued Fusion for copyright infringement and lost. It turned out that ATI was actually copying White’s inventions in several ways and “stiffing” him again by trying to enforce a falsely-constructed Patent which they falsely claimed had been invented by only Kyle Bateman.
33. Jim Parks, Former ATI Technical Design Manager, Project Dept. Manager & Project Manager. Jim Parks (with ATI 1993 – 2007) was the ATI Factory Installation Manager for a number of years and has stated that he was wrongfully forced out of ATI by John Curtis and Kyle Bateman.
34. Bill Bachler, Former ATI Military, Government and GSA-FAR Specialist. (with ATI approx. 1993 – 2001). Bachler has stated that John Curtis used ‘bate and switch’ tactics regarding his military commission structure with ATI so ATI did not have to pay him as agreed until the last change actually effectually removed his commissions and overrides from military sales and then they fired him. Bachler believes that he was forced out of ATI because of his age, as well as other reasons, and that he was forced into settling with ATI so they could terminate him. At the time of his departure, Bachler was owed a substantial amount of commissions well into seven figures. Bachler confirmed that he is under a confidentiality and settlement agreement with ATI regarding the matter.
35. Dan Flynn, Former ATI Customer Service Manager (with ATI approx. 2005 – 2006) was a very successful ATI Customer Service Manager that had a commission override agreement with ATI that if he reached a certain level of service contracts and/or related work, he would be given a large bonus. John Curtis unilaterally, and without written permission, withheld about $60,000 in payments based upon that agreement. When Flynn pushed him, Curtis then wrongfully terminated Flynn and withheld his pay. Flynn found other employment immediately and didn’t bother with a claim
36. Denny Taylor, Former ATI Assistant CFO (with ATI approx. 2009 – 2013) saw and experienced first hand how Curtis and ATI manipulated payments of contractual sales commissions and agreements based upon who the owners liked or were related too. They also withheld the payment of funds due to those that ATI wanted to discourage so that they would quit or be constructively terminated. This practice by ATI executives appeared to be arbitrary, calculated and capricious.
37. Scott Roberts returned to ATI in 2004 and in 2009 working Federal Sales for ATI, and claimed that he was wrongfully terminated in 2011. ATI had given Roberts’ federal commissions to struggling salespersons in other territories to help them stay positive with ATI. According to Roberts, in May of 2011, without discussion, ATI fired Roberts, locked his office, and sent him on his way. When Roberts was terminated, he was owed approximately $300,000 in unpaid federal sales commissions. ATI offered to pay Roberts $15,000 for his troubles if he would sign a confidential settlement agreement. Roberts refused. Instead, he found an attorney who took his case on contingency. In 2015, after a four-year battle with ATI, and when ATI’s attempt at summary judgment failed to extinguish Roberts’ nine claims was denied by the Utah District Court judge, ATI settled out of court to Roberts’ satisfaction.
38-39. Do you deny that you and Bateman presided over the pervasive violations of Title VII and the broad-based hostile, abusive, humiliating and unlawful/discriminatory environment that was created throughout all ranks at ATI, and that you did nothing to stop this environment?
40. Do you still deny any knowledge or involvement in sexual harassment lawsuits, wage claims and breaches of contract at Action Target while you were there, as you stated in your recorded interview with USN when you responded “Not at all… no.”?
41. Do you still stand by your statement: “No. And it sounds to me like you’ve got a whole bunch of bad information.”?
Business Experience & Incompetence
1-3. Do you deny that prior to you coming on board at ATI in 1999, 1998 was the best year ever in company history and that gross sales were around $20 million and net profits were also high, and that within one year after you purchased and assumed your executive position, gross sales had dropped by about 50% and were on track to soon be under under $10 million, and that within two years, ATI started to have layoffs and was near ruin, on the verge of bankruptcy and could soon be closing their doors?
4-9. Do you deny that this financial distress was largely due to one important and very large job that was handed off to you for two large indoor/outdoor type FLETC ranges planned for Quantico FBI and that you managed that job so poorly, and the design and product installation of the two ranges were such a failure, that they became known as the “Thunder Domes” and were seen by the FBI as a failed project that led to the FBI dropping ATI as their key vendor at the firearms training unit. Do you deny that poor relationship continued for many years and was a tremendous blow to the company?
10-11. Do you deny that after overseeing the decline and near bankruptcy of ATI, you then started looking for another path in life and tried public service politics where direct results from one’s actions are not always so quickly apparent as they are in the business and corporate world and that around 2001, you began looking for a way out and were offering to sell your ATI stock and physical facility interest (Action Commercial Park)?
12-13. Do you deny that you openly admitted that you were a very poor fit for your position over sales at ATI and that you hired a number of outside high power commission sales types because you had shown that you could not develop and manage sales in this industry by yourself?
10-13. Do you deny that you also turned to hiring outside friends and contacts as your sales managers that had no background or understanding in the firing range and training industry and that this caused additional financial problems for ATI by having to pay those personal contacts and friends mid-management pay to do what you should have been doing? Do you deny that these contacts and friends provided what you needed for your job security – blind “yes men” loyalty, so that you could then wash your hands for being directly responsible for what was going on in sales or with a job gone bad, like the FBI fiasco?
14-16. Do you deny that you were running ATI in a type of “high roller” liberal mentality that was sucking profits and resources out of ATI and putting the company into financial difficulties and that you became known as a big spender who seemed mostly interested in flash, throwing parties and receiving accolades? Do you deny that you found new ways to spend company resources and developed various expensive frills for the company, and for those in your management circle, including the practice of expensive vacations, cruises and exotic company trips, and purchased an expensive ATI Porsche sports car to share with other managers?
15-17. Do you deny that the sale by Scott Roberts to Montgomery County, PA, was the largest single sale in ATI history, $3.6 million, to a city or county anywhere in the country, and that you told Roberts that ATI could handle it and would provide the performance and payment bonds necessary for this project to close, which was all ready to go? Do you deny that ATI could not produce the promised payment and performance bonds and that the failure to perform as promised resulted in Montgomery County sending a “notice to sue” letter to ATI? Do you deny that you applied for a very expensive remedial substandard bonding situation that cost hundreds of thousands of dollars to administer and that, under that arrangement, each ATI major executive and stockholder had to sign, along with their wives, and they all had to put up their houses and assets for that bond to go through so they would not end up in a legal battle with your customer, Montgomery County?
18-21. Do you deny that ATI was not paid as the work was completed, but the bonding company was paid directly and then when the bonding company’s on-site foreman inspected and cleared the work, which added an expensive layer of on-site management, they then paid ATI 30 to 60 days or so later? Do you deny that arrangement cost ATI a deposit of $104,654.13 for bonds for that project just to get started – quite a lot more than ATI had quoted Roberts ($25k to $29k total)? Do you deny that turned out to be a financial catastrophe for ATI, who passed the costs onto Roberts commissions and reduced them significantly and that hundreds of thousands were also paid out to administer that very undesirable situation? Do you deny that Roberts commissions were wrongfully used by ATI as a way to fund ATI’s financial shortfalls on a job that should have made ATI well over a million in profits, at a 63% profit margin?
22-26. Do you deny that you openly admitted and apologized to the ATI sales department for causing ATI to be put on probation and almost losing their GSA contract a number of times for not complying with required GSA rules by simply not doing the required paperwork to properly renew ATI’s application to continue with a GSA contract? Do you deny that this simple procedural neglect affected ATI sales in a very negative manner and showed how incompetent you really were in the industry and in interfacing with a U.S. Government agency as important as GSA? Do you deny that blunder went on for years regarding GSA contract sales and business and instead of fixing this problem with GSA yourself, you passed the problem off to one of your ‘friend managers’ to handle and that was one of the reasons it was never addressed properly in the first place?
27-30. Do you acknowledge that your incompetence over the next few years became so extreme that DaNell D. Jukule, the Contracting Officer for the U.S. Army’s TACOM Life Cycle Management Command (“TACOM”), sent a rejection letter on Aug 3, 2010 to ATI that listed 39 deficiencies that warranted a ‘No Go’ rating for ATI and that Mr. Jukule openly mocked ATI’s performance and history with the following statement: “The above listed deficiencies, in and of themselves warrant your proposal’s exclusion from the competition. In addition, an initial evaluation of other factors indicates that your past performance information and your proposed sustainment strategy would be rated unfavorably as well, making it unlikely that your company would be awarded a contract as a result of this solicitation even if the technical deficiencies are not present.”? Do you deny the letter showed that ATI failed in their bid attempt, while you were VP over Sales, and the government pointed out how out of line and out of touch ATI was to even think that they could do business with TACOM? Do you deny that after being dropped by TACOM, ATI dropped doing, or attempting to do business with the military and the U.S. Government and that was a huge blow to ATI?
31. Do you deny seeing the writing on your COO wall about ATI’s future and the deep problems coming with the U.S. Government and that in 2009, you started listing and selling real estate with a broker on the side?
32. Do you deny that the problems that began under your watch as COO would plague ATI for years, and that most of the legal actions taken against you and ATI, including claims of sexual harassment, discrimination, fraud, wage claims and breach of contracts, took place and/or had their origins while you were fully involved at ATI?
33. Do you deny that there is also evidence and sworn testimony that you took a very active role and remained involved at ATI for years after you became Mayor and participated in Board meetings, the sexual harassment and discrimination legal proceedings and other activities and were still acting in a management role to some degree?
1-4. Do you deny that you did not honor your commitments to Scott Roberts in written and verbal agreements and that you shorted Roberts $230,891.66 toward the purchase of your executive position and equity stockholder at ATI? Do you deny that you wrongfully diverted and withheld $60k to $90k of Roberts commissions to make up for ATI’s financial shortfalls on the Montgomery County, PA fiasco and that you did not honor your agreement with Roberts concerning Gayle Adams?
5. Do you deny that you ‘stiffed’ Derik White, (an Independent Builder & Factory Installer for ATI) on many jobs and invoices when they became due at the end of the job and when he realized that he was over $400,000 in the red with ATI, he decided to start Fusion Targets, Inc., which is now one of ATI’s main competitors?
6. Do you deny that you wrongfully forced out Jim Parks, Former ATI Technical Design Manager, Project Dept. Manager & Project Manager?
7. Do you deny that you used ‘bate and switch’ tactics regarding Bill Bachler, Former ATI Military, Government and GSA-FAR Specialist (with ATI approx. 1993 – 2001) so ATI did not have to pay him as agreed and that he was forced in settling with ATI so they could terminate him?
8. Do you deny that you unilaterally, and without written permission, withheld about $60,000 in payments to Dan Flynn based upon your agreement and when Flynn pushed you, you then wrongfully terminated Flynn and withheld his pay?
9. Do you deny that Denny Taylor, Former ATI Assistant CFO (with ATI approx. 2009 – 2013) saw and experienced first hand how you and ATI manipulated payments of contractual sales commissions and agreements based upon who the owners liked or were related too and that they withheld the payment of funds due to those that ATI wanted to discourage so that they would quit or be constructively terminated and that this practice by ATI executives appeared to be arbitrary, calculated and capricious.
Inappropriate, Illegal & Criminal Behavior
1. Do you deny that you, in collusion with your cousin Kyle Bateman (ATI CEO) diverted $106,750 of Scott Robert’s 1998 profit sharing savings plan funds to your wages and that this was against State and Federal law?
2. Do you acknowledge that Utah District Court Judge Samuel D. McVey stated in his opinion regarding a lawsuit, on pages 205-206 of CASE NO. 14040030: “I’m surprised that there was no criminal investigation [Curtis and Bateman]…. Based on the plethora, on that large volume of rancid fish in the company [Action Target Inc.].”?
3. Do you acknowledge that you were not investigated for the criminal conduct that the Judge mentioned in that lawsuit because of the constraints of the Statute of limitations?
4-5. Do you acknowledge that when you bought into your executive position, ATI was in federal violations of the Davis-Bacon and Related Acts wage rates required by government contract as stated in Sequine’s letter that stated: “After employees learned about this practice [violation of Davis-Bacon] and requested appropriate compensation, amounts over and above their base pay were deducted from their normal profit share allotment annually.” and that the remedy ignored federal statute? Do you deny that you did nothing to remedy that illegal activity [violation of Davis-Bacon]?
6. Do you deny any knowledge or involvement in “The Golden Goose” scheme (that follows) to defraud the U.S. Government?
“Years of experience conducting firearms and shooting range training.”
1. Do you acknowledge that you stated in your primary promotional flyer that you have “Years of experience conducting firearms and shooting range training for the U.S. Military, police departments and the NRA.”?
2. Do you acknowledge that in a recent statement on your website on Oct 06, 2017, you stated: “I have spent much of my adult life instructing people how to safely carry and use guns.”?
3. Do you acknowledge that, in your response to a USN question concerning the qualifications for being a firearms instructor, you stated: ”Well, it depends on who you’re teaching. Much of our work was centered on law enforcement and military, and of course, there are some very high standards for that. If you want to teach a concealed carry permit class, then you’d qualify with the state. It just depends on who you want to teach and what level you want to teach at.”? (from a transcription of a recorded interview)
4. Do you acknowledge, when asked at what level you were teaching at, you stated “I was not a teacher. I built shooting ranges…. I lectured for the NRA on how to build shooting ranges…. That was the claim on the fliers”?
5. Do you acknowledge that your statements of “experience conducting” and “I have spent much of my adult life instructing people how to safely carry and use guns.” have every appearance of being a deceptive and total overreaching lie as well as a blatant misrepresentation and misleading statement?
1999 to Present
In your USN interview, you were asked a number of question concerning your involvement with ATI before and after you became Mayor of Provo in 2010. You stated that “I had sold my small ownership and actually stopped working day-to-day at Action Target some months before I started as Mayor…. it was a slow phase out, but I can tell you… by the time the campaign had heated up, with the primaries, in the spring of 2009, I was doing no day-to-day [at ATI.]…it had ended by the time I was Mayor.” You then stated that you had still attended ATI board meetings ‘From time to time.”
However, in a deposition by Ms. Oler in 2014, she reveals that you were still deeply involved in executive meetings and the workings at ATI as an owner when she stated the following, “Initially what happened to me, I spoke with Tom Wright [President of ATI] and John Curtis [Owner and apparently still acting COO]. John Curtis is an owner of Action Target” (pg 18). You are referred to as an owner several times (see also page 97 where Oler says “owner[s] and executives” caused this culture of sexual harassment and discrimination.)
Oler also stated in her disposition that Mrs. Denny Taylor [former ATI Assistant CFO] contacted you regarding the toxic culture problems at ATI when she stated that, “I had been having discussions with Denny Taylor about it [the toxic culture at ATI regarding the treatment of women] and Denny called John Curtis” (pg 19).
So, you and the President of ATI are the people Oler identifies as working with on these high level problems. Working with the President of ATI on ATI problems is as top executive level as it gets and so if that were the case, it appears that you were still actively involved as an owner, and acting as COO with ATI, and lying in the USN interview about that fact. When asked directly about the Oler deposition, you stated “I think most of that would be after I had left.”
Scott Roberts collaborated Oler’s testimony when he stated about your claims: “From what I know, John Curtis was still deeply involved, maybe not with a lot of time, but at an executive level and in Board meetings because I saw him at some of those meetings well into 2011. The only people that were ever allowed to attend those meetings were top level executive management and invited shareholders. Those meetings were very private and included the discussion of sensitive subjects that were not available to the public.”
However, in addition to Oler’s testimony, and Roberts affirmation of it, according to attendees, you kept going on the yearly vacations or cruises for very exclusive ATI executive/owners and top sales producers, along with their spouses, through 2011 and maybe beyond.
And, your recent video ad shows you standing in front of the ATI building and sign, so even in 2017, you are still claiming a connection and roots in ATI. As of 11/1/2017, you are still listed as the 2nd most important person at ATI at Wikipedia, along with a link highlighting your name.
It was somewhat “street” knowledge to those employed at ATI that when Dubin Clark took over ATI in 2008, they were said to have purchased about 50% of the ATI stock owned by the then current stockholders, who had to enter into a confidentiality agreement about their arrangement with Dubin Clark. The other approximately 50% was placed back into stock in the new CT Company of ATI to be sold or redeemed at a later date when Dubin Clark sells ATI. Information has not been forthcoming about this other than what has been obtained from confidential sources that the stockholders had not received the follow up payment(s) as of yet (10/14/2017) and one went on to say that they cannot seem to get information as to what is going on with the deal from Dubin Clark, only that ATI has not performed well enough to trigger the final payments. Dubin Clark has been trying to sell ATI for many years and is still listed on the Dubin Clark site.
So, apparently, someone is lying. Questions:
1. Are you accusing Kyrsten Oler of perjury in her sworn testimony?
2. Are you accusing Scott Roberts of lying? About what? All of it?
3. Are you accusing the other witnesses to your activities of lying?
We have asked you privately in an email to provide some form of documentation about your claimed cessation of duties at ATI and the transfer of your ownership. So far, you have ignored our request. So, again:
1. When exactly did you cease being over the day-to-day operations at ATI?
2. When exactly did you submit your resignation as COO and VP of Sales & Marketing to ATI?
3. Will you provide a copy of your resignation letter?
4. When did you cease to be an owner/shareholder of ATI and will you provide a copy of the transfer of ownership?
“The Golden Goose”
In the USN interview, we asked you about your knowledge of ATI’s “The Golden Goose”.
Question: “The reason I’m asking these things is because people have told me that you continued your involvement in 2010 [at ATI] and really started winding down in 2011 and there was a plan, a procedure in place that was referred to as “The Golden Goose”… do you know anything about that?”
Answer: “No… nothing about it.”
The top executives at ATI are said to behind the ‘Golden Goose’ scheme that started in 2008-9 while you were still acting as COO and VP over Sales. It is common knowledge among former and present ATI employees that contributed to our research, that ATI was flying by the seat of its pants, and that it often got contracts before it had even designed or developed the technology that was needed to fulfill them. Apparently, ATI executives thought it was a perfectly normal way to do business because they had been able to get away with it for so long. ATI had many really talented engineers and manufacturing techs who could practically do the impossible upon demand.
“The Golden Goose” is mentioned in a lawsuit filed in U.S. District Court, Case 2:13-cv-01080-RJS, against ATI on December 6, 2013 by Andrew Talley, a former ATI employee from April 2011 to January 2013, and the United States of America, ex rel., for violation of the False Claims Act, 31 U.S.C. § 3729, et seq. and the anti-retaliation provisions of the False Claims Act, 31 U.S.C. § 3730(h).
In his complaint, Talley stated: “Action Target, Inc. touts itself as “a leading global supplier of superior shooting range products … dedicated to providing the best ongoing service and support in the industry” and is “far ahead when it comes to innovation.” But these representations are false. In reality, to win business, Action Target intentionally misrepresents its experience and ability to deliver even the most basic targeting equipment.”
Talley continued: The Golden Goose “generated enormous wealth and success for the company. It is company lore at Action Target that it became a lucrative company by first winning contracts, and only thereafter developing products on-the-fly, as needed, often after delivery and installation. Through a strategy that Action Target considered its “Golden Goose,” Action Target would develop a product to 60-70% maturity, push it to market, and thereafter fix on a warranty basis only those deficiencies that were noticed and reported.”
Action Target’s strategy is to first get a contract, then scramble to develop and ship a product to get payment, and only later fix obvious defects on a warranty basis or avoid the problem altogether by blaming others for its equipment failures. Internally, Action Target proudly considers this the “Golden Goose” that has generated enormous wealth and success for the company. Of course, the heart of this goose is a rotten commitment to deception, and the hope that such deception can later be remedied or concealed.
Regardless of Action Target’s prior success with this strategy, when it employed the Golden Goose to win a multi-million dollar contract to provide sophisticated targeting equipment to the U.S. Army, the unavoidable result was a violation of the False Claims Act, 31 U.S.C. § 3729, et seq.. To win the contract, Action Target falsely certified it had such off-the-shelf equipment that complied with TACOM requirements.” – end of Talley’s quote.
Bidding on the contract mentioned in Talley’s lawsuit began June 7, 2010. According to you, you were gone by that time. According to others, you were still there. It is reasonable to assume that the mechanics and procedures put in place (The Golden Goose) to bid on government contracts while you were VP of Sales and Marketing prior to your claimed then-recent departure, were still in place. Bidding on a large government contract is a slow and long process that usually takes four to five years to finish. ATI was awarded the contract about August 30, 2011, just under fifteen months from start to finish. This time frame would be literally impossible unless there were an well-oiled machine in place along with a seasoned management team who knew what they were doing.
While this case never made it to trail (Talley settled and took his ‘hush money’), the allegations were strong enough to prompt ATI to settle to Talley’s satisfaction and the case was dismissed on 6/8/2016 without prejudice to the United States of America. Any involvement by the executives at ATI is still open to actionable criminal prosecution by the U.S Government.
Because of the information obtained in Andrew Talley’s lawsuit against ATI, Tom Wright (ATI President), Mr. Randy Graham, (ATI Vice President), and Bateman (ATI Board Member and IT Specialist) were forced out from their positions and Wright (the non stockholder) was fired, all over this failure and system of fraud, false representation and bidding for business with the government without having a real or completed product to sell. Although you attempted to leave ATI on several occasions by running for public office multiple times, and doing other outside work from ATI, you had conveniently phased yourself out by the time of this lawsuit (Dec 2013). However, if you were still an owner and executive at ATI, while serving as Mayor of Provo in June, 2010, when the bidding started, you were likely to have been heavily involved in the bidding process that initiated Talley’s lawsuit. If that is true, and according to Oler’s sworn statement and Roberts’ recollections, it is, then you, John Curtis, while serving in government as Mayor of Provo, were also part of a scheme to defraud the U.S. government out of millions of dollars.
1. Were you one of the originators of “The Golden Goose”
2. If not, were you aware of “The Golden Goose”
3. Are you accusing Andrew Talley of presenting a false claim to the Court?
4. If not true, why would ATI settle?
5. Are you accusing former and present employees at ATI of lying?
The following questions were submitted by one of our readers:
1. As the mayor of Provo, why did you authorize the construction of high density housing directly underneath high tension power lines in Slate Canyon?
2. Why did you endorse Utah County Attorney Jeff Buhman’s re-election bid even though he has a well-known history of malicious prosecutions?
3. Did you direct the Provo City Police department to harass a local resident who uncovered corruption in the Provo City Housing Authority, which you indirectly control through your appointments to the governing board?
4. Will you seek to get on the primary ballot during next year’s election by gathering signatures as you did this year, or will you honor the wishes of the district’s delegates at next year’s Republican Party Convention?
5. Recently, a news station showed video of you with Marco Diaz, a political friend of AG Sean Reyes, who was arrested and jailed for stalking in 2010. Do you also consider him a friend?
6. Is it true that you were actually the Chairman of the Utah County Democratic Party prior to your bid for a Utah State Senate seat in 2000?
Relevant Links to Previous Articles:
Your written and verbal agreements with Scott Roberts
Your Congressional primary promotional flyer
You offered her $10,000 [Gayle Adams] to go away quietly
Evan Schmutz sent a legal letter that included a “Demand for Settlement”
Edward S. Seguine, Jr. (financial manager at ATI), sent a letter
Tara Johnson (ATI NW Sales Manager with ATI approx. 2007 – 2010) recently sued ATI
ATI sued Fusion for copyright infringement and lost.
When ATI’s attempt at summary judgment failed
Montgomery County sending a “notice to sue”letter
Substandard bonding situation… under that arrangement,
TACOM sent a rejection letter on Aug 3, 2010
Statement by Utah District Court Judge Samuel D. McVey stated in his opinion regarding a lawsuit, pgs 205-206
Your recent video ad shows you standing in front of the ATI building
You are still listed as the 2nd most important person at ATI at Wikipedia,
ATI is still listed on the Dubin Clark site.
Andrew Talley’s lawsuit in U.S. District Court, Case 2:13-cv-01080-RJS
Strong enough to prompt ATI to settle to Talley’s satisfaction
The Talley case was dismissed on 6/8/2016
Definition of Racial Discrimination
Definition of Gender or Sexual Discrimination
Definition of Age Discrimination
Definition of unlawful and discriminatory employment practices
Definition of NLRB
Definition of UALD
Definition of EEOC
Definition of U.S. Army’s TACOM Life Cycle Management Command (“TACOM”)
Definition of Statute of limitations?
Definition of Davis-Bacon and Related Acts
Definition of Statute of limitations
Definition of lore
Definition of False Claims Act, 31 U.S.C. § 3729
Definition of False Claims Act, 31 U.S.C. § 3730(h)
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