Mystery over existence of $3.2 million in software still looms in Bibb schools’ suit

In an ongoing legal battle to recoup $3.2 million for educational software that it claims may never have existed, the Bibb County school district on Friday contended that that Florida technology company it is suing has failed to comply with a federal judge’s order.

In October, U.S. District Judge Marc Treadwell gave that company until Wednesday to either produce the software or explain why not.

According to letter filed in federal court in Macon by the school system’s lawyers, Pinnacle/CSG Inc. — a construction and tech firm that was supposed to have produced the so-called Proscenium software — has not done what the judge asked.

On Wednesday, Pinnacle’s lawyers filed a notice of compliance that said, in part, that development of some of the software “ceased due to” the lawsuit.

The filing read in part: “The parties are addressing security issues related to limiting the universe of those with access and averting backdoor access to Pinnacle’s software system.”

The notice said the school system was being provided with login and password information for the software.

But a Friday court filing, Jerry Lumley, one of the school district’s attorneys, disputed Pinnacle’s claim.

“Pinnacle has not complied with the court’s order,” Lumley said, and the school district has not received any login or password information.

The school board’s response asks the judge to grant it a conference about the perceived noncompliance. When that may be hasn’t been scheduled.

This week’s filings were the latest developments in wide-ranging civil and criminal cases.

In the civil case, the school system is trying to recoup millions of dollars that it says it was bilked out of. An amended complaint also contends that there was money laundering and misconduct pertaining to the Macon Promise Neighborhood initiative.

The school district previously has maintained that the defendants participated in a series of fraudulent acts, including racketeering, wire fraud and mail fraud, in a scheme to sell the district unneeded or nonexistent services and products.

Several people and companies have been indicted on fraud charges stemming from the sale of 15,000 NComputing devices — virtual desktops — to the school district in 2012 for $3.7 million. The devices were delivered without key components to make them functional.

In a separate indictment, several people and companies are accused of conspiring to bribe former Bibb County school Superintendent Romain Dallemand.

Dallemand has pleaded guilty to filing a false tax return and is set to be sentenced sometime in 2018.

This story was originally published November 24, 2017 at 5:16 PM with the headline "Mystery over existence of $3.2 million in software still looms in Bibb schools’ suit."