Bush, urging him to clean up the waste which he had observed at these auctions. He complained that DOD was auctioning off as "surplus" many items which had never been used and was receiving considerably less money than it should have been. By a letter dated March 24, 1989, an official at the Defense Logistics Agency, to which Mr. Textor's letter had been sent for a response, acknowledged receipt of Mr. Textor's letter. The response stated that it was "interim" in nature because "it will be necessary for us to make extensive inquiries in order to fully address your concerns." A "full response" was promised by May 10, 1989.
The Defense Logistics Agency sent a follow-up, one-page letter dated May 24, 1989, which described in general terms DOD's program for disposing of surplus property, but did not address plaintiff's core concern about items being sold for too little return to the government.
Also that day, the DOD sent plaintiff another letter, this one stating that proceedings to debar him from government auctions for up to three years had been initiated. The letter indicated that the proceedings were initiated based on five incidents where he allegedly engaged in collusive and anti-competitive activity. The letter indicated that there was evidence to debar him pursuant to 48 C.F.R. § 9.406-2.
The plaintiff answered these charges by letter dated June 4, 1989, by either denying the allegations or disputing the DOD's characterization of his activities.
On July 14, 1989, columnists Jack Anderson and Dale Van Atta wrote a column on the plaintiff's case, criticizing the DOD for waste at auctions.
On August 18, 1989, the plaintiff wrote another letter to the DOD which noted certain factual disputes between the investigators' versions of events and his own. Plaintiff also expressed the view that the debarment proceedings were initiated in retaliation for his letter to the President and for the Anderson column.
In early September 1989, plaintiff's counsel spoke by telephone with Bruce W. Baird, who would be hearing the case against the plaintiff, and David Norris, who would be prosecuting it. During the conversation, Messrs. Baird and Norris stated that the DOD was scheduling hearings on the 13th, 14th and 15th of that month on plaintiff's case and that the hearing would be conducted in Battle Creek, Michigan, the headquarters of DRMS. Plaintiff asked that the hearing be held in the Washington, D.C. area since all of the people being charged lived in the Mid-Atlantic area and the allegedly collusive behavior all took place near Washington. Messrs. Baird and Norris explained that the DOD did not have the funds to fly them both to Washington since it was nearing the end of the agency's fiscal year and funds were limited. They informed plaintiff that the DOD did intend to fly Messrs. Lusk and Christiansen to Battle Creek to testify against him -- (Mr. Lusk from Miami and Mr. Christiansen from Philadelphia). Plaintiff's counsel was informed that it would be impossible to schedule the hearing at any other time or place because Mr. Lusk, one of the witnesses, would be leaving the country for Bolivia on the 18th of September to work in the government's anti-drug efforts and would be unavailable after that date.
They, consequently, rejected plaintiff's request that the hearing be held in the Washington, D.C. area.
In a September 13, 1989 letter, Mr. Textor, through his attorneys, wrote that he accepted the terms under protest.
A hearing was conducted by conference call on September 14, 1989 with Messrs. Lusk and Christiansen testifying in Battle Creek and plaintiff in Washington, D.C.
At the hearing, the following five charges were considered:
(a) On January 27, 1987, at Auction 27-7103, at Fort Belvoir, VA, the plaintiff related to a registered source (informant) that he had made some deals with other people at the auction and didn't want them to think he was double crossing them by talking with the source.