FELONY CONDUCT. . . IS

FELONY CONDUCT

 

The sentencing of former Pentagon IG Chief

Investigator Richard T. Race

 

 

 

Op-Ed

 

By Douglas K. Kinan

 

April 24, 2008

 

In a well unpublicized case, “Richard T. Race, the Pentagon inspector general’s chief investigator of procurement fraud and official misconduct quit his job and pleaded guilty last month to violating U.S. banking laws.”  Mr. Race was also a key member of the Defense Council on Integrity and Efficiency.  The sentencing date for Mr. Race is May 2, 2008.

 

A March 18, 2008, Department of Defense Inspector General (DoD IG) Information Release, states, “The Office of Inspector General was not involved in the reporting or investigation of the matters underlying the recent judicial action and has no information that would suggest any relationship between those matters and Mr. Race’s official duties with the OIG.” 

 

I disagree.  Felony conduct is not about the person – it’s about felony conduct – and its related.

 

At his arraignment Judge Leonie Brinkema told Mr. Race that he should have “known better.”  Mr. Race’s many years of experience in law enforcement and his actions demonstrate that his intent was clear. See the letter Mr. Kinan sent to Judge Brinkema.

 

As a former Department of Defense employee, after Mr. Race’s appointment I wrote to him requesting that the extensive and pervasive verified record of felony conduct and well planned discrimination by several officials at the Defense Contract Management Agency (DCMAE), Boston, Massachusetts be investigated. 

 

Concerning two, of many employees, who were framed and fired for violations that Mr. Race knew they did not commit, the Hotline Director, Mr. Leonard Trahan, Jr., (and eventually Mr. Race’s subordinate) writes, “There were two EEO cases in the District in which Mr. Kinan disagreed with the decisions made by Ms. Appleton and Mr. Krasker, the DCMDE Chief Counsel.  Instead of accepting those decisions “as reasonable people can disagree”, they became a ‘cause celebre’ for Mr. Kinan.” 

 

That the Hotline Director who is responsible for DoD fraud, waste and abuse would essentially admit that it is okay to frame innocent individuals, stand by and watch them anguish for many months (Virella was 60 months) and allow them to be stripped of their career and full pension and then justify felony conduct as a “cause celebre” is contrary to what the DoD Hotline does. 

 

In a conflict of interest, Mr. Race’s second subordinate, Mr. James L. Pavlik, covered up for Mr. Trahan by conducting a fraudulent investigation, making false official statements and issuing a fraudulent report to Senator Charles Grassley

 

Despite the unequivocal fact that Mr. Pavlik had a “specific and credible” record that innocent employees were framed, Mr. Pavlik wrote, “The analysis that concludes Mr. Kinan’s disclosure did not contain “specific and credible” information or did not meet the “substantial likelihood” test that it would be substantiated and was therefore not in the category of cases referable to the Defense Criminal Investigative Service…”

 

Mr. Race could have prevented the DCMAE from framing others.  Instead, Mr. Race opted to shield his subordinates’ felony conduct.  As I wrote to the DoD Inspector General, Claude Kicklighter, “Framing two innocent individuals is not just a simple matter of “two EEO cases” – it’s framing two innocent people.” 

 

The DCMAE wasted more than one million taxpayer dollars to secretly settle these two threatened lawsuits that could expose their felony conduct, promotion fixing and program fraud in the millions of taxpayer dollars. 

 

Mr. Race’s deliberate indifference to the conduct outlined in my thirty-page affidavit caused many innocent individuals permanent and immeasurable damage.  Additionally, the ripple effect of fixed promotions essentially denies many DoD employees the opportunity to compete for merit-based promotions. 

 

As evidence of the DCMAE’s continuing violations, Mr. Race also had knowledge of the DCMAE’s recent framing and fraudulent investigation of whistleblower, Mr. Kenneth Pedeleose, as can be verified by the October 24, 2007, United States Merit Systems Protection Board (MSPB) “Opinion and Order” reversing Pedeleose’s 30 day retaliatory suspension. See MSPB Docket No. AT-0752-06-0350-I-1.

 

The MSPB’s opinion and order breathes legitimacy into and corroborates the factual record that the DCMAE attorneys continue to insist on framing innocent citizens and conducting fraudulent investigations to sustain false and fabricated charges, using the same modus operandi each time.

   

Mr. Race’s insensitivity has no limits and knows no bounds – his deeds supersede his words.  Anyone willing to frame an innocent person should not be taken seriously.  It’s about the lowest act you can do. 

 

At his sentencing hearing Mr. Race or his attorney will be asking the court for leniency and will offer the standard shibboleths routinely issued by defendants.  There will be no one there to offset Mr. Race’s malice, lack of mercy, empathy or “remorse.”  The court should not overlook Mr. Race’s willingness and propensity to permanently harm innocent individuals, their families and the government. 

 

Mr. Race ignored the fact that many innocent individuals were framed, stripped of their career and full pension for violations he knew they did not commit and he condoned his subordinates’ chronic and systemic malfeasance. 

 

Mr. Race was allowed to “take voluntary retirement” on February 16, 2008.  Should Mr. Race, who admitted guilt, be allowed to collect his full pension when he knew that his subordinates consciously decided that innocent employees should not collect theirs?

 

http://www.oscwatch.org/blog/2008/04/24/felony-conduct-is-felony-conduct/

 

 

Mr. Kinan is a former Equal Employment Opportunity (EEOC) Specialist with the Defense Contract Management Agency, and he may be contacted as follows:

 

DougKinan@yahoo.com

 

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