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Aconi Constructors, Inc., 1990-CRA-1 (ALJ Apr. 25, 2002)


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Issue date: 25Apr2002

CASE NO.: 1990-CRA-00001

In the Matter of:

ACONI CONSTRUCTORS, INC.,
WILLIAM H. PADILLA,
JUAN F. YDROVO a/k/a JOHN F. YDROVO,
THEVARADJAH KANDAVANAM,
    Defendants

DECISION AND ORDER

   This matter comes on for consideration upon remand from the United District Court for the Southern District of Florida as to Defendants William H. Padilla and Thevarajah Kandavanam in an action under the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801, et seq., and Regulations thereunder found at 29 C.F.R. Part 22. The parties have submitted stipulations, agreements and consents in disposition hereof as contained in attached Consent Findings which are concurrently adopted, incorporated herein, and made a part hereof.

   Upon consideration, I find that compromise or settlement of the matter is appropriate under 29 C.F.R. §§ 22.3 and .46(b). Therefore, in accordance with such Consent Findings, it is ORDERED that:

1. A total civil penalty in the amount of $15,000.00 hereby is imposed on Defendants William H. Padilla and Thevarajah Kandavanam, payment of which shall be in accordance with the terms and conditions set forth in said Consent Findings; and

2. In accordance with 31 U.S.C. § 3803(i) and Regulation found at 29 C.F.R. § 22.39, this constitutes the FINAL ORDER of the Secretary, not subject to judicial review.

      Richard E. Huddleston
      Administrative Law Judge



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