A Russian national filed on Tuesday a lawsuit in federal court against the Federal Emergency Management Agency for allegedly finding him ineligible for some or all of the FEMA funds provided him after Super Typhoon Soudelor in 2015 and demanding him to repay the money.
Milan F. Fargo, in a pro se complaint or without a lawyer, said the action of FEMA is illegal when in its letter dated Nov. 13, 2017 told him that his debt is now final.
Fargo attached in his complaint FEMA’s letter, which according to him he only received last Nov. 8.
The letter says FEMA provided Fargo funds as a result of his application for disaster assistance. FEMA said it conducts audits of disaster assistance payments.
Fargo said FEMA told him that his debt is final because he did not file an appeal within 60 days upon receiving the notice of debt letter.
Fargo said the notice came to him on Oct. 1, 2018, but he was already stamped a violator of appeal rules since Nov. 13, 2017 or the day of issuance of the FEMA letter.
He said FEMA told him that if he does not take action within 30 days from the date of the Nov. 2017 letter, FEMA will submit his debt to the U.S. Department of the Treasury, and that FEMA and Treasury will continue to add administrative charges, interest, and penalties to his unpaid debt until it is paid in full.
Fargo said in the eyes of FEMA, he did not take action starting on Nov. 13, 2017.
He said as a result of this deliberate FEMA interpretation, the original $2,990 he got, already has grown to $4,217.
He said FEMA even warned him that if he fails to pay the debt, he could jeopardize future disaster assistance.
Fargo said last Oct. 25, Super Typhoon Yutu brought huge damage to him, particularly his health.
He said his application for emergency assistance for damages after Yutu is very likely be denied by FEMA.
“How I am going to survive if FEMA refuses me assistance?” he asked.
Last week, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed with finality a lawsuit filed by Fargo against the U.S. Department of Homeland Security for allegedly hiding documents related to his humanitarian parole.
Manglona noted that the failure to exhaust administrative remedies is apparent on the face of Fargo’s complaint.
According to court records, the 65-year-old Fargo’s original name is Nassir Nazarovich Kourbanov. He filed the lawsuit pro se against DHS to compel the agency to issue him immigration documents, including some documents from his alien file pursuant to FOIA.