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Judge George Bason and senior Judge William Bry-
ant of the District Court are no longer relevant. The
Appeals Court decision, in fact, did not dispute the
Bankruptcy Court’s ruling that the Department
‘‘stole . . . through trickery, fraud and deceit’’
INSLAW’s PROMIS software. Its decision was
based primarily on the narrow question of whether
the Bankruptcy Court had jurisdiction; the Appeals
Court ruled that it did not. This decision in no way
vindicates the Department nor should it be used to
insulate Justice from the criticism it deserves over
the mishandling of the INSLAW contract.
‘‘(12) The Justice Department continues to im-
properly use INSLAW’s proprietary software in bla-
tant disregard of the findings of two courts and well
established property law. This fact coupled with the
general lack of fairness exhibited by Justice officials
throughout this affair is unbefitting of the agency
entrusted with enforcing our Nation’s laws.
‘‘(13) Further investigation into the cir-
cumstances surrounding Daniel Casolaro’s death is
needed.
‘‘(14) The following criminal statutes may have
been violated by certain high level Justice officials
and private individuals:
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‘‘18 U.S.C. § 371—Conspiracy to commit
an offense.
‘‘18 U.S.C. § 654—Officer or employee of
the United States converting the property of
another.
‘‘18 U.S.C. § 1341—Fraud.
‘‘18 U.S.C. § 1343—Wire fraud.
‘‘18 U.S.C. § 1505—Obstruction of pro-
ceedings before departments, agencies and com-
mittees.
‘‘18 U.S.C. § 1512—Tampering with a wit-
ness.
‘‘18 U.S.C. § 1513—Retaliation against a
witness.
‘‘18 U.S.C. § 1621—Perjury.
‘‘18 
U.S.C. 
§ 1951—Interference 
with
commerce by threats or violence (RICO).
‘‘18 U.S.C. § 1961 et seq.—Racketeer In-
fluenced and Corrupt Organizations.
‘‘18 U.S.C. § 2314—Transportation of sto-
len goods, securities, moneys.
‘‘18 
U.S.C. 
§ 2315—Receiving 
stolen
goods.
‘‘(15) Several key documents subpoenaed by the
committee on July 25, 1991, were reported missing
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or lost by the Department. While Justice officials
have indicated that this involves only a limited num-
ber of documents, it was impossible to ascertain how
many documents or files were missing because the
Department did not have a complete index of the
INSLAW materials. The Department failed to con-
duct a formal investigation to determine whether the
subpoenaed documents were stolen or illegally de-
stroyed.’’ Investigative Report by the Committee on
the Judiciary, THE INSLAW AFFAIR, Report
102–857, pp. 110–113.
SEC. 2. SATISFACTION OF CLAIMS AGAINST THE UNITED
STATES.
The Secretary of the Treasury shall pay, out of
money in the Treasury not otherwise appropriated:
(1) To INSLAW, INC. (INSLAW) an amount
of money in compensation for any and all direct,
consequential, incidental and/or punitive damages
sustained by INSLAW as a result of a negligent or
wrongful act, or acts, or failure to act, on the part
of the United States Department of Justice (DOJ),
its officials, officers, employees, and agents, and
other United States agencies, their officials, officers,
employees and agents. The negligent or wrongful
acts of the aforestated agencies of the United States
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government arise out of complex issues of fact, and
involve willful, wanton and malicious breaches of
contract, tortious activity, deceit, trickery, conver-
sion, copyright and trademark infringement, abuse
of software licensing agreements, and other such un-
justified, egregious and fraudulent conduct of offi-
cials and agents of the United States government,
relating to the unauthorized use and/or dissemina-
tion and/or conversion, theft or other misappropria-
tion, of computer software proprietary to INSLAW,
including 
INSLAW’s 
PROMIS 
software 
and
INSLAW’s Enhanced PROMIS software, and/or a
conspiracy to sell, transfer and distribute INSLAW’s
Enhanced PROMIS software to other Federal agen-
cies and/or foreign governments and/or agencies, all
to the damage of INSLAW in the loss of its soft-
ware, service contracts, loss or termination of busi-
ness relationships with other companies or entities,
and the loss of the profits thereof, and the preven-
tion of growth that INSLAW would otherwise have
had, all to the unjust enrichment of the DOJ, other
government agencies, and officials, officers, agents
and employees of such agencies, as well as other per-
sons, entities and conspirators.
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(2) To William A. Hamilton and Nancy Hamil-
ton, individually, any and all direct, consequential,
incidental and/or punitive damages, and/or all rea-
sonable legal expenses and other costs to the Hamil-
tons, not directly related to the contract between
INSLAW and DOJ, but caused by the actions taken
by DOJ, its officials, officers, employees and agents
to harm INSLAW or its officers and/or employees.
SEC. 3. WAIVER OF SOVEREIGN IMMUNITY AND DEFENSES.
(a) Any available defense of sovereign immunity of
the United States, the DOJ, any other United States gov-
ernment agency, or any United States government official,
officer, agent or employee is specifically waived as to the
respective claims of INSLAW, William A. Hamilton and
Nancy Hamilton, and the amounts payable to them under
section 2 above.
(b) INSLAW, INC., William A. Hamilton and Nancy
Hamilton shall each be entitled to payment of said claims
notwithstanding any defense pertaining to lack of personal
and/or subject matter jurisdiction, statutes of limitation,
statutes of repose, statute of frauds, laches, stare decisis,
waiver, estoppel, including, but not limited to, judicial es-
toppel, equitable estoppel, collateral estoppel, estoppel by
judgment and promissory estoppel, res judicata, failure to
exhaust all legal remedies, administrative or otherwise,