AT&T was paid for the 43,500 calls allegedly made from the Flying J's Travel Plaza. They were paid by GTE Northwest long before Maydak was even indicted. AT&T never informed the government or Maydak.
The following two excerpts are from AT&T's Plaintiff's Responses and Objections to Defendant Keith Maydak's and Shawn Kovack's Request for Answers to Interrogatories Directed to Plaintiff:
Keith asks AT&T to answer the following question: ``Did GTE Northwest transmit payment to AT&T for the 900-prefix calls which GTE Northwest billed on behalf of AT&T regarding the Flying J telephones?''
AT&T responds: ``GTE purchased from AT&T a block of AT&T's receivables which included those accounts pertaining to the Flying J telephones. When it was subsequently determined that the Flying J accounts were involved in the fraudulent scheme perpetrated by the defendants in this action, GTE filed a claim requesting refund of the payment. The parties are presently engaged in a dialogue concerning payment for these accounts. AT&T and GTE Northwest have not entered into a settlement of any kind. AT&T will disclose the substance of its dialogue with GTE Northwest only under court order.''
In other words, AT&T was paid before Maydak was even indicted. Again, Maydak was indicted for defrauding AT&T. Here we see that AT&T profited from these calls and still has kept the money.
Later, Keith asks: ``Did AT&T notify any federal agent or government employee of the fact that AT&T was paid by GTE Northwest prior to July 26, 1993 for the 900 prefix calls by GTE Northwest regarding Flying J telephones? If so, please state the person notified.''
To which AT&T responds: ``No, because AT&T and GTE Northwest have not yet resolved the issue of who is entitled to the money.''
If this isn't the height of arrogance -- like killing your parents and then asking for mercy on the grounds that you are an orphan. AT&T accuses Keith Maydak of defrauding them and obtains a conviction and order of restitution and then they have the gall to refuse to reimburse GTE Northwest for the calls because they don't know who should take the loss!
If Keith Maydak defrauded them -- their accusation -- they should reimburse GTE Northwest. If AT&T was defrauded, why should GTE pick up the tab? Clearly, they haven't been defrauded of one penny -- they made $33.33 on each call. They not only kept the portion of that money they were entitled to, but also the portion they should have remitted to the service operator, Keith Maydak.
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