Appeal of HERBERT COHEN d/b/a GLOBAL PAPER SUPPLIES

January 5, 2005

In the Matter of the Complaint Against

HERBERT COHEN

d/b/a

GLOBAL PAPER SUPPLIES

711 North West Avenue, #106

Eldorado, AR 71730-4654

P. S. Docket No. FR 01-71

APPEARANCES FOR COMPLAINANT:

Catherine A. Green, Esq.

G. Scott Morrell, Esq.

Office of the General Counsel

United States Postal Service

475 L’Enfant Plaza, SW

Washington, DC 20260-1147

APPEARANCE FOR RESPONDENT:

Beryl Eric Baron, Esq.

Baron & Abrams

414 Sherbrooke Street, West, Suite 200

Westmount, Quebec, Canada H3Z 1B8

POSTAL SERVICE DECISION ON BREACH OF AGREEMENT CONTAINING CONSENT ORDER TO CEASE AND DESIST

On November 24, 2004, Complainant filed a Petition alleging that Respondent, Herbert Cohen, has breached the terms of an Agreement Containing Consent Order to Cease and Desist (Agreement), executed by Respondent on July 31, 2002, by engaging in a false billing scheme using representations which he agreed to permanently discontinue. The names and address to which Respondent currently seeks remittances and against which a false representation order is requested to be issued are:

GLOBAL PAPER SUPPLIES and

GPS PAPER SUPPLIES and

GPS

1015 North West Avenue, #106

Eldorado, AR 71730-4654

On November 29, 2004, an Interim Detention Order as authorized by Paragraph 10 of the Agreement was issued directing the detention of mail to the above names and address. The Interim Detention Order granted Respondent a period of ten days in which to file a reply to the Petition. No reply to the Petition has been filed within the time allowed or as of the date of this Decision. In the absence of a reply, the allegations of the Petition are deemed to be admitted. The unchallenged allegations, supported by the attachments to the Petition make a prima facie showing that Respondent has breached the terms of the Agreement in the manner alleged in the Petition.

Accordingly, pursuant to the terms of Paragraph 10 of the Agreement, a false representation order as described in 39 U.S.C. §3005(a) and a cease and desist order are being issued with this Decision.^{^[1]} In accordance with the terms of paragraph 10(c) of the Agreement, the false representation order will become effective February 4, 2005, unless within 30 days of the date of this decision,

Respondent notifies the Judicial Officer and provides supporting documentation showing that a suit for judicial review has been filed in a court of competent jurisdiction.

James A. Cohen

Judicial Officer

^{^[1]}The order for civil monetary penalties sought in the Petition is not being issued with this Decision because Complainant has not made the showing required by 39 U.S.C. §3012(c)(2) to support the issuance of such an order.