Defendants willfully received and displayed DIRECTV satellite programming to the public for commercial benefit or financial gain without obtaining valid commercial exhibition rights.
Defendants Shaikh and his company, ATF, are prior Authorized Dealers for Plaintiff. Defendants were terminated as Authorized Dealers in December 2011. Defendants facilitated an international group that took confidential account information to receive a commission for the accounts that they open and fees for the installation of equipment they perform. Additionally, Defendants transferred profits from the scheme between the United States and Pakistan.
DIRECTV entitled to recover of Defendants RigidTech.com, Inc., (a Wyoming corporation), RigidTech.com Radio, Inc., RigidTech.com, Inc., (a Utah Corporation), Michael Mimbach, Central Utah Cabling, Inc., Bandwidth Industries, Inc., and Shane England.
Plaintiff initiated this action on September 18, 2013, alleging that the Defendants willfully violated the FCA by showing week 6 of NFL Sunday Ticket on October 16, 2011 (the “Broadcast”) for direct commercial gain and without appropriate authorization from DIRECTV
In this case, Plaintiff has presented evidence that on October 11, 2012, its auditor Keith Howse was at Alicia’s where he observed two television sets exhibiting DIRECTV Satellite Programming for public viewing. See Affidavit of Keith Howse, Specifically, the television sets at Alicia’s were exhibiting an NFL game between the Pittsburgh Steelers and the Tennessee Titans. Neither Defendant had a commercial DIRECTV account authorizing Alicia’s to receive DIRECTV’s Satellite Programming.