Tag Archive: Whistleblowers


I have continued to monitor the frustratingly slow, on again, off again trail of justice for federal Defense Security Service whistleblower, Robert Conley.  Conley, a veteran Industrial Security Representative, employed by DSS, has had to traverse a long hard trail in trying to secure justice against his former employer’s heavy handed disrespect, waste, fraud, abuse, harassment, and retribution for his whistleblowing after he discovered criminal and civil issues concerning a defense contract between a large aerospace contractor and the federal government.

Conley ran into difficulties processing his case report of an investigation, when DSS officials refused to accept the detailed and extensive investigative report he prepared, after Conley was ordered to cut his investigation short and submit his report.  Conley was then ordered to start editing his report.  This occurred several times, each time DSS management insisted he take out more of the documented evidence and testimony, that would make the case prosecutable.

Conley refused to sign the now DSS changed reports, which were, after DSS Headquarters manipulation, fraudulent.  There was a lot of conflict as DSS tried to force Conley to sign the fraudulent report.  Because he could not intimidate Conley into signing the fraudulent report, eventually, the DSS Headquarters manager, Michael McDaniel, signed the fraudulent report himself and then briefed the user agency affected.  Since other parties were aware of the issues that were found with this contract, and what the real problems were, things went downhill from there.  A massive cover-up appeared to be in process regarding the criminal and civil matters discovered that were issues in this contract, and in this investigation.  The DSS manager, Michael McDaniel,  who had apparently written, signed, and briefed the fraudulent report, later left DSS and moved directly to employment with a defense contractor.   (Keep in mind the functional policy of the U.S. Government appears to be, that once someone leaves federal service, they will not go after them in any legal proceedings, nor will they insist they testify in legal proceedings.  If they leave the government, they seem to receive a “get out of jail free card.”)

Conley has endured, along with his counterpart, Randall Kelly,  (who had oversight of the program for the Marine Corps), vast amounts of harassment, retribution, and abuse.  They were both thoroughly beaten down in every way possible by their employers, effectively ending their careers.  They have received massive retribution and abuse for reporting theft and fraud involving a government defense contract.   They even received threats of various kinds, and at least one death threat passed along through channels, which did not deter them from seeking proper legal resolution of their investigation and case.  It has now been fifteen (15) years of struggle with this situation.  (Both were forced into premature retirements eventually, as no support or remedy was offered by any of those government entities who are supposed to help whistleblowers.)

Conley has had to endure a long slow process which included making protected disclosures to various parties, as a part of working through the process of trying to get help and put attention on the attendant problems and alleged criminal activities.  As a part of the process, the DCIS (Defense Criminal Investigative Service) had an open case filed.  This went nowhere fast, and it appeared that a cover-up was likely in progress, as time passed and nothing constructive happened.

Conley then filed a complaint with the DOD OIG.  The DOD OIG had Conley’s complaint and case for an extended period of time.  Much more time passed.  The DOD OIG official in charge, had gone to the Washington DC office of the DCIS in search of Conley’s “then identified as missing” case, and found Conley’s case, with an unworked Congressional Investigation attached, sitting in Director Rick Beltz’s office, in a stack of similarly unworked cases on his desk.  Apparently, cases that for various reasons certain people, or corporations did not wish to see worked, were being held in limbo in that office.  This is absolutely unacceptable, and a betrayal of all integrity that should be demonstrated by federal law enforcement and contract enforcement activities.  So, if any of you filed a case with the DCIS in the past couple of decades or so, and never saw any action or results, you might check to see if your case was one of those held in the derailed pile on the Director’s desk.  I understand Rick Beltz was fired, and the DOD OIG official who was trying to do the right thing was removed from his position and transferred to some other position of less exposure.

The DOD OIG eventually said they would be forwarding the Title 18 Criminal issues to another office for processing.  That did not happen, as it appears the cover-up was put into place on the criminal issues, apparently in an effort to protect the implicated defense contractor.  Conley’s Title 5, Retribution case was upheld by the DOD OIG, whose report concluded he was indeed a whistleblower, and a victim of harassment, retaliation,  and retribution forced on him by the Defense Security Service.  The DOD OIG directed DSS to make Mr. Conley whole.  Director Stanley Sims chose to ignore the report entirely, although he is the Director who received the DOD OIG report.  In fact, he seemed, based on documents uncovered recently, to be enraged that Conley would go to the DOD OIG, and that the DOD OIG would tell the DSS what they can and cannot, will and will not, do and what Sims said in these documents could be construed as threats.

Conley’s case then spent a very long time in waiting with the OSC for them to consider his case.  There again appeared to be a lot of pressure on the investigative agency, this time OSC.  It appears that the corporate defense contractor and some of the implicated parties including within the management levels of DOD,  and possibly the Pentagon itself, have a great deal of influence and are able to intimidate those who are supposed to investigate and assure justice to whistleblowers and others reporting criminal and civil issues that need to be addressed by the legal system.  So, in my opinion, there was something not kosher going on there, and the OSC failed to do their duty regarding this case.

I have been  made aware that a hearing finally is going to take place, under the auspices of an MSPB judge regarding Title 5 issues on Conley’s behalf.

The hearing will take place at the federal courthouse in Seattle, 915 Second Avenue, Seattle, Washington 98101.  I understand it is a public MSPB hearing so if any of you are interested in observing, you may attend.  The hearing is scheduled for two days, Monday, January 25 through Tuesday, January 26, 2016.

There is a long list of witnesses and DSS appears to be making effort not to cooperate, or be accountable for their actions, and their lack of decency with regard to how they treat their employees.  Throughout the past 15 years, a lot of sudden and insufficiently explained changes have occurred in DSS management levels.  Director Stanley Sims, has just left DSS and has gone directly to a lucrative position at a large defense contractor.  Industrial Security Director Richard Lawhorn recently left DSS, and has directly taken a lucrative position at another large defense contractor.

There are regulations governing conflict of interest issues, and that prohibit federal employees and officials from using the revolving door to move directly from government oversight positions to defense contractor corporate jobs, where there might be a conflict of interest.  I believe there are problems with this succession of DSS employees/managers moving directly from DSS to defense contractors.  In fact, I learned that another former DSS Manager, Gregory Gwash, who had left DSS suddenly and directly taken a lucrative position at a large aerospace defense contractor in Seattle a number of years ago, was forced to leave employment with that defense contractor, after a federal AG’s office investigation of his use of the revolving door.   Expect I will be writing about this DSS situation in more detail at a later date.

 

 

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A reader sent this to me today and asked to remain anonymous when it posted.  Thank you to the reader who took the time to write this thoughtful comment.  Here it is.   GFS

Has anyone considered the DSS mad-dash to become an “Intelligence Agency” might have been a desperate attempt to hide from any oversight? As an Intelligence agency, they would not have to answer to any inspectors, DOD/IG, GAO or even Congress. Their years of incompetence, mismanagement and looking the other way while Defense contractors compromised our nation’s most classified technologies would be safe from accountability.

Why would they do this? As an example, simply look at the former DSS upper management personnel who have garnered for themselves high paying positions within industry after leaving Government service.

Look back to the Boeing Tanker scandal, Senator McCain publicly asked for a list of all formerly high placed government employees who retired and went to work for DOD contractors. Senator McCain is/was a very influential Senator, yet no such list was ever forthcoming to the public and after losing the Tanker contract, Boeing pulled a Senator or two and a couple of Congressmen/women out of a hat and hocus-pocus, Boeing is back in the Tanker business.

This is just one example of what is going on within DSS and most other agencies; DSS looks the other way, Senators and Congressmen look the other way and God help anyone stupid enough to report security violations, retaliations here we come!  No one wants to address the fraud waste and abuse that is taking over our whole government; why fall on your sword and ruin your career when nothing will change.

I have found with association with others as well as my own personal involvement,  that a great many major security violations and classified technology compromises that we reported, were either dismissed by upper management types who were more loyal to Industry than to the government or dismissed as not an issue, by hiding behind the claim, “National Secrets”, and thereby not having to explain anything to anyone with no further comment.  Or the problems we reported were  just plain covered up by agencies such as DSS, Navy, DCIS, NCIS and others. This is the norm in today’s Government upper management – no ethics, and no honor.

If it were not so sad a state of affairs in our government, you could laugh at those who are asking Congressmen/women and Senators to pass Whistle blower protections for those who report Fraud, Waste and Abuse.

Think about this; they are asking for Congressmen/women and Senators to provide protections for those who report criminal acts committed by those very same members of Congress, and therein is the reason why agencies such as DSS, Navy, DCIS, NCIS, etc do not fear having to be held accountable for their actions. Our Congressional Representatives don’t want to be thrown under the bus or in some cases, disrupt the production of the campaign cash cow. 

-Anonymous Guest Blogger

 

Tell Congress to Pass Federal Whistleblower Rights

We Need Your Voice Before Congress Adjourns

Dear Whistleblower Community:

We are nearing the end of a decade long campaign to strengthen the Whistleblower Protection Act. With less than 80 working days before Congress adjourns, we need your voice to ensure passage of the Whistleblower Protection Enhancement Act (S. 372, H.R. 1507).

Over the past several months, we have overcome opposition and are closer than ever to real reform. However, we risk having to start over next Congress if final passage of this bill isn’t made a political imperative. In the meantime, countless whistleblowers continue to be the target of retaliation, without having any credible rights to defend themselves with.

All of the cards are stacked in our favor, but time is running out! Congress needs to hear from you today!

CLICK HERE TO SEND A MESSAGE NOW:

http://org2.democracyinaction.org/o/6319/p/dia/action/public/?action_KEY=1856

In sending this message, we encourage you to use your own words. You can also make similar calls to your elected representative and senators.

Here are some points to keep in mind for your communications:

1) There is no better resource against government wrongdoing than whistleblowers, who are the taxpayer’s best friend. They have exposed more corruption and bureaucratic abuses than all congressional hearings and laws combined.

2) Don’t give government whistleblowers more rights with false teeth. Rights for those who defend the taxpayers should be just as strong as those Congress has passed a dozen times since the millennium for corporate workers who defend investments.

3) Every elected leader or candidate campaigning against bloated government or wasteful spending must do everything possible to deliver whistleblower rights to the public servants who risk everything to keep our government honest and accountable.

4) Congress must restore a credible Whistleblower Protection Act with teeth for all government employees and contractors (where there is the least accountability). If politicians don’t have time for the whistleblower bill, they don’t have time for the taxpayers. With federal spending out of control, we cannot afford to delay passage of the Whistleblower Protection Enhancement Act. Don’t come home without it!

CLICK HERE TO SEND A MESSAGE NOW:

http://org2.democracyinaction.org/o/6319/p/dia/action/public/?action_KEY=1856

GAP’s mission is to promote corporate and government accountability by protecting whistleblowers, advancing occupational free speech, and empowering citizen activists. GAP has been the nation’s leading whistleblower protection and advocacy organization since 1977.

The Government Accountability Project

1612 K Street NW, Washington DC 20006

This came from a group I belong to earlier this week.  I post it here for all to read.  If you are interested in joining the group, it is Whistleblower 411 on Yahoo. 

GFS

 

Whistleblowers give shocking testimony at the national press conference in Washington, D.C.

On July 19, 2010, at a press conference held at the National Press Club, major government “Watch Dog” organizations, Whistleblower protection organizations, and numerous Whistleblowers came together in support of a new direction for the Office of Special Counsel (OSC).   Some of the organizations in attendance were: The National Federation of Federal Government Employees (NFFE); The National Whistleblower Center; U.S. Justice Watch, the Federal Ethics Center and The Government Accountability Project (GAP).   OSC is the primary governmental agency tasked with the protection of our most important watchdogs on the front lines of our national security, government employees and the military.

The press conference, sponsored by U.S. Justice Watch ( http://www.USJUSTICEWATCH.com) ,  brought these organizations together to support and endorse Attorney Dave Nolan for Special Counsel and  government Whistleblower Darlene F. Price as his Deputy.   Nolan would replace the former Special Counsel for the Office of Special Counsel, Scott Bloch.  Scott Bloch’s criminal sentence hearing is scheduled for July 23rd.  Although Bloch plead guilty only to withholding information from the House Oversight and Government Reform Committee, he was also accused by many of retaliating against his own agency employees and failing to protect federal Whistleblowers. 

During the press conference several Whistleblowers had an opportunity to tell their amazing yet most disturbing stories in order to demonstrate how the ineffectiveness of OSC has brought real harm to citizens, and why OSC is so important.  Some of this testimony was not only shocking, but heart-wrenching as well.

The most compelling was the testimony of  Gary Vander Boegh.  Mr. Vander Boegh was a contract engineer at the Paducah, Kentucky Gaseous Diffusion Plant for many years.  He and his boss were “conveniently” fired after he began to report serious environmental crimes of  improper/illegal dumping  of radiological (enriched uranium), hazardous waste in Western Kentucky.  Mr. Vander Boegh alleged that these crimes have been going on for years and continue to be “covered up” by numerous government officials with the Department of Energy (DOE), KY Senator Mitch McConnell and Representative Ed Whitfield – just to name a few.

This illegal dumping has contaminated not only the ground in the surrounding area of Paducah, KY, but has also involved releasing hazardous radiological gases into the air where it has the potential to spread as far as the wind may take it.  This cover-up has led to widespread cancer clusters in the surrounding area, and currently endangers the tri-state area of KY, ILL, and OH.  To view this terrifying testimony go to:www.USJUSTICEWATCH.com.

Also videotaped at the press conference was the heart wrenching story of Jim Faller, founder of U.S. Justice Watch.  Mr. Faller described being wrongfully held in custody without a trial by corrupt federal agents and prosecutors. This happened after he exposed that government officials were allowing large amounts of money to be funneled to the terrorist organization PPK, a Marxist-Leninist Radical Islamic, TERRORIST group of Kurds trying to establish an independent Kurdish state in Eastern Turkey.  You may view his Presentation also at: http://www.USJUSTICEWATCH.com.

Statements (oral and written) from the following Whistleblowers were also submitted in support of Attorney Dave Nolan’s nomination:

Joe Carson, licensed Professional Engineer, Facility Representative – safety inspector, Department of Energy (DOE), Oak Ridge, TN.

Darlene Fitzgerald Price, Former Special Agent and Author: “BorderGate, the story the government doesn’t want you to read.”

Former FBI Agent and Time Magazine’s person of the year, Coleen Rowley

Carol Czardowski, former Department of the Navy employee

Sandy Nunn, former Special Agent, U.S. Customs Service.

Mark Danielson, former Department of Energy, Special Response Team at the Lawrence Livermore National Laboratory

Larry Fisher, Founder, National Accountant Whistleblower Coalition, http://www.nawbc.com

Environmental Protection Agency Staff Accountant, GS-14

Janet Howard, former Department of Commerce employee and Whistleblower who reported the commercial airliner that flew by the Capitol on 9-11, just above tree level. Designated as the “Class Agent” for all Department of Commerce African American Employees.

Dorothy Pritchett, DOE, employee, the proposed “Class Agent” for African American Employees at the Dept of Energy Headquarters, who reported illegalities by a first cousin of a powerful U.S. Senator.

Joseph Santos, Former DOE intern, who was denied the promise tuition assistance and terminated after he blew the whistle on the same powerful U.S. Senator mentioned above.

Caroline E. Williams, Former DOE Headquarters employee, terminated after reporting financial irregularities of the very same first cousin of a powerful U.S. Senator mentioned above.

For more information regarding this press conference please feel free to contact:

Jim Faller at: http://www.USJUSTICEWATCH.com

Darlene Fitzgerald Price at: (606) 310-0078

Attorney Dave Nolan at: (703) 780-1864

A reader sent this to me today.  His/her comments prefaced the article as follows and are very compelling.   You will find earlier reporting of Scott Bloch and his troubled rein at the Office of Special Council (OSC) in the historical portions of this blog.  Use the search under Scott Bloch and/or OSC.

I urge anyone who has knowledge of any information which may assist those who are fighting to bring to light the corruption and wrongdoing that had become an even more imbedded part of government culture the past decade to reenergize and stand up.  I hear rumors that there are some good people who are trying to bring about accountability for the miscreants.  Some high level investigations and probable criminal proceedings are in progress.  Speak up know.  If all of the whistleblowers created in the past decade all joined together, it would make truth and justice much more likely to obtain for everyone.    GFS

Reader’s Comment:

“If you would like to see what is really going on within the federal government agencies, read this article.  This clearly describes just what I have seen and experienced as to how corrupt our government has become.  We must take a solid stand before it gets worse, which I know is happening daily.  This reporter has done her research and she has published an accurate and complete report.   Our democracy as we have known it is in jeopardy and unless we join together to take a stand against corruption, it will soon be gone.  Please help spread the word. “

Anonymous Contributor

 

Office of Special Counsel (OSC) – the dark legacy

July 23, 1:47 PM LA Homeland Security Examiner Julia Davis

 

Whistleblowers and federal government workers rejoiced on April 27, 2010, when former head of the Office of Special Counsel (OSC), Scott J. Bloch, pleaded guilty to criminal contempt of Congress. The justice continues to be delayed, as Scott Bloch’s sentencing has been rescheduled for the second time and is now set for September 8, 2010. U.S. Magistrate Judge Deborah Robinson said that she wants prosecutors and Bloch’s attorney to clarify the applicable guidelines for Bloch’s sentence and fine. Robinson is also apparently planning to “adjust” the sentence based on Bloch’s guilty plea. She stated that the lawyers failed to clearly define the sentencing guidelines in this matter.

Prosecutors said they would not oppose probation without any imprisonment for Bloch. This should come as no surprise to anyone familiar with our courts. While the Department of Justice relentlessly pursues, prosecutes and imprisons inconvenient whistleblowers, high-ranking bureaucrats who violate their rights are usually coddled by the system. The crooked wheel of justice crushes those at the lower levels of the government and pushes up criminals in high places. This bad egg is being cooked over-easy, with obvious disregard for hundreds of whistleblowers whose careers have been destroyed due to the OSC’s failure to investigate their complaints.

 

The legacy of failure

Here is an abbreviated list of Scott Bloch’s dubious “accomplishments” as the former head of the OSC:

Knowingly and willfully ignoring whistleblower disclosures;

Dismissing and closing hundreds of whistleblowing complaints without investigation;

Deleting hundreds of files pertaining to whistleblowing disclosures and complaints of retaliation and reprisal;

Rolling back protections for federal employees against discrimination based on sexual orientation;

Staffing key OSC positions with cronies who shared his discriminatory views;

Engaging in retaliatory activities against OSC staffers who opposed his wrongdoing;

Assigning interns to issue closure letters in hundreds of whistleblower complaints without investigation;

Intimidating OSC employees from cooperating with government investigators;

Misusing prosecutorial power for political purposes;

Reducing the backlog of cases pending at the OSC by 56% percent by closing cases without an investigation and destroying electronic files;

During the fiscal year of 2008, the OSC filed 0 corrective action petitions with the Merit Systems Protection Board (MSPB);

During the fiscal year of 2008, the OSC obtained 0 stays from the Merit Systems Protection Board (MSPB);

Bloch reassigned his perceived critics within the OSC to field offices across the country – giving them 10 days to accept, or else they’d be fired;

Bloch imposed retaliatory transfers upon OSC staffers he perceived as having a “homosexual agenda”;

OSC under Bloch rarely recognized legitimate whistleblowers, typically only when the whistleblower has already prevailed elsewhere;

In an ironic twist that shocked his own staffers, in 2007 Bloch initiated a large-scale investigation against Karl Rove. He decided to probe the disappearance of an untold number of emails related to the firing of the New Mexico’s U.S. Attorney, David Iglesias. Bloch assembled a task force to create the impression that the OSC was investigating the White House, while Bloch himself was under investigation for mass-destruction of inconvenient documents. One year earlier, in December of 2006, Bloch hired private technicians with a firm called “Geeks On Call” to delete whistleblower complaints and related computer files by conducting the 7-level memory wipe of the computers at the OSC’s office. Bloch was also investigated by the FBI for obstruction of a Hatch Act inquiry for improperly mixing his political and official activities.

Bloch wasn’t charged with obstruction of justice, evidence tampering, destruction of official files, impeding an official federal investigation, civil right violations and violations of the Whistleblower Protection Act (WPA). Instead, he was charged only with criminal contempt. While this charge carried a possible prison sentence, Department of Justice prosecutors said they would not oppose probation for Bloch, who is currently working as (don’t fall down laughing) an employment attorney at the Tarone & McLaughlin law firm in Washington.

Bloch’s defense attorney, William Sullivan Jr., a Winston & Strawn partner in Washington, had the audacity to state in court papers that Bloch has “served with distinction” as the head of the OSC. Sullivan wrote, “This case marks an unfortunate aberration for Mr. Bloch,” submitting 35 pages of letters to Magistrate Judge Deborah Robinson, who is scheduled to preside over the sentencing. These letters include notes from Bloch’s wife, his friends and former co-workers.

“Glad this matter is behind us, and Mr. Bloch is looking forward to getting on with his life,” Sullivan said as he walked with Scott Bloch to the probation office. Bloch’s victims don’t have the same luxury, as whistleblowers have been continually oppressed with no recourse throughout OSC’s existence.

 

OSC’s dark history

The Office of Special Counsel (OSC) was created in the 1978 Civil Service Reform Act to protect whistleblowers from reprisal and hold responsible agency managers accountable. Under President Carter, OSC languished without permanent leadership or funding. When President Reagan came to power, he quickly appointed Alex Kozinski as the Special Counsel and gutted the OSC. Nearly 50% of the OSC personnel and 70% of attorneys and investigators at the OSC headquarters were fired or had resigned. This was unprecedented for any government agency.

Since that time, over 7,000 federal employees have filed complaints with the OSC. Out of those thousands of cases, OSC requested a hearing to restore jobs in only 2 instances.

 

The dog-gone mind behind the plan

To understand why the OSC never worked according to its stated purpose, one must go back in history. The Watergate investigation revealed a plan by the Nixon administration to replace the non-partisan civil service system with a politically loyal government workforce. Every government agency had a ghost “political hiring czar”, whose authority covertly trumped that of personnel offices.

A special manual was prepared by the former White House Personnel Office Chief Fred Malek. This encyclopedia-like guide was dubbed the Malek Manual and provided information on how to harass career employees out of the government by exploiting loopholes in civil service laws. Unpopular federal employees would be replaced by hand-picked applicants.

The Malek Manual emphasized a telling message: “You cannot achieve management, policy or program control unless you have established political control.” The manual went on to describe underhanded techniques designed to “skirt around the adverse action proceedings” (such as the EEOC and the MSPB), “to remove undesirable employees from their positions.” (The President and the Executive Branch, by Joel D. Aberbach. UCLA Center for American Politics and Public Policy Occasional Paper Series 9 1-9.)

A telling memorandum written by Fred Malek to President Nixon’s Chief of Staff stated in relevant part, “We garnered from reliable sources in the Equal Employment Opportunity Commission that the Commission was preparing to sue the University of Texas for discrimination in the hiring of faculty. This could be disastrous for Texas. When queried, Bill Brown, Chairman of the EEOC, agreed not to pursue it. I will continue to follow this situation closely.”

The sobriquet most often used to describe Fred Malek was “hatchet man”, because of his ruthlessness in ousting those deemed to be disloyal. Malek’s techniques included mandatory transfers and investigations against whistleblowers and outspoken critics of the establishment. For example, Malek reportedly ordered the FBI to conduct an investigation of then-veteran CBS correspondent and Nixon critic Daniel Schorr, who was placed on the “Enemy List”. Sadly, Daniel Schorr died today, on the day of Scott Bloch’s scheduled sentencing that has now been delayed.

Fred Malek was infamously ordered by Nixon to count the Jews in high-ranking government positions. Malek admittedly completed this blatantly anti-Semitic order and compiled a list of government employees whom he believed to be Jewish. Shortly thereafter, these senior officials were transferred to other locations and less prominent, dead-end positions.

In spite of his prior activities, after leaving the White House, Fred Malek became the Deputy Director of the Office of Management and Budget (OMB). In 1982 Fred Malek was nominated by President Ronald Reagan to head the U.S. Postal Service. The Senate Governmental Affairs Committee refused to act on his nomination because Senators reportedly felt that Malek had made conflicting statements under oath regarding his role in the “program”. Outraged committee didn’t hold back its disgust. Then-Senator John Danforth (R-Mo.) said, in relevant part, “… whether it was legal or illegal . . . it was wrong, just plain wrong… you admit that it was true, you admit that it was wrong . . . you regret it and you will never do it again. . . . Am I wrong or right?” Fred Malek responded, “You are absolutely right, senator.” Senator David Pryor (D-Ark.) asked, “Did it ever occur to you that what you were doing was wrong or immoral?” Malek replied, “Yes, sir, it did.”

Under questioning by Senator Carl Levin (D-Mich.), Malek admitted authoring a memo that suggested punishing politically incorrect people. Senator Levin described Malek’s role as “Unethical, immoral and improper”. Malek lost his bid for the head of the Postal Service and a few years later the same disclosures cost him his job as deputy chairman of the Republican National Committee.

Fred Malek, Then and Now

Another disgusting vignette of Malek’s character was revealed when police arrested five men after locating a blood-spattered car near the park entrance in Peoria, Illinois. After giving conflicting stories, the men finally admitted that they “caught a dog and were barbecuing it.” The perpetrators caught, skinned and gutted a dog and barbecued it on a spit. One of them was Fred Malek.

Fred Malek, a Dog and the SEC

Fred Malek’s legacy continued with the Securities and Exchange Commission (SEC) action against him in 2004. The SEC instituted administrative and cease-and-desist proceedings against Malek, his company, Thayer Capital Partners and their affiliates. The SEC charged that pension investments in Malek’s company were used to reward a political supporter, William DiBella, former majority leader of the Connecticut Senate. Malek’s company was ordered to pay a civil penalty of $150,000, and Fred Malek was personally made to pay a civil penalty of $100,000. Apparently, a leopard doesn’t change its Jew-counting, whistleblower-retaliating, critic-investigating, dog-barbequing, securities laws-violating spots.

Fred Malek’s career in government and politics didn’t end after his activities were exposed. He is the former President of Marriott Hotels and Northwest Airlines and former assistant to United States Presidents Richard Nixon and George H.W. Bush. Malek has formed seven institutional private equity funds, including three corporate acquisition funds with approximately $1.5 billion in committed capital and four funds that target hotel investments with over $500 million in committed capital. He recently served as a National Finance Committee co-chair of John McCain’s presidential campaign. In 2010, Sen. Dianne Feinstein (D-Ca.) called Malek “a man of high principle” who “has proved many times over the years his loyalty to the highest principles of freedom, human rights and international tolerance.”

Should we be surprised that our leaders and government officials are not interested in pushing forth effective whistleblower protection measures? Malek did not respond to this reporter’s request for comments.

The Ink Commission, later created to explore the Watergate Committee’s public record of the abuses, participated in studies and issued recommendations that became the foundation for the Civil Service Reform Act of 1978.

In spite of the exposure, the ugly Malek Manual continued its destructive influence in government service.

 

Alex Kozinski and the Malek Manual

The next attack on the OSC and the merit system came from within the Office of Special Counsel itself. It was waged by President Reagan’s appointee, the former head of the OSC, Special Counsel Alex Kozinski, who kept a copy of the Malek Manual on his desk. Kozinski reportedly used its techniques (such as transfers, investigations and harassment) to purge the professional civil service experts from the OSC staff. They were replaced with obedient minions who viewed whistleblowers as crazy, disloyal troublemakers.

While serving as the head of the OSC, Alex Kozinski taught courses to federal managers on how to fire whistleblowers without getting caught by OSC investigators. For example, Alex Kozinski tutored Secretary Watt on how to purge a whistleblowing coal mine inspector from the Department of Interior. He used the OSC Investigations Manual as a handout in these morbid lectures. Senior Supervisors still serving in various government agencies quite possibly received such training on how to get rid of “inconvenient” employees and whistleblowers. These techniques are still being implemented within federal agencies today, with virtual impunity.

Alex Kozinski’s abuses were the major catalyst for passage of the Whistleblower Protection Act (WPA) of 1989, and he was forced to resign.

A few years later, 43 Senators voted against his confirmation for a seat on the Ninth Circuit Court of Appeals, after Senator Levin’s intensive investigation of Kozinski’s tenure as the OSC’s Special Counsel. In spite of the controversy surrounding his dubious OSC performance, Kozinski became the Chief Judge of the U.S. 9th Circuit Court of Appeals.

Curiously enough, OSC fiasco was not the last time Alex Kozinski would bring shame to the public office. In June of 2008, Los Angeles Times reported that Kozinski was caught operating a website that featured photos of naked women on all fours, painted to look like cows. Judge Kozinski’s website reportedly contained suggestive images of bestiality, pictured women shaving their pubic hair, themes of masturbation, public sex, contortionist sex, defecation and urination.

Ironically, the 9th Circuit Court of Appeals Judge Alex Kozinski was set to preside over an obscenity trial (the Issacs trial in U.S. District Court in Los Angeles), from which Kozinski later recused himself.

Porn trial in L.A. is halted – Judge grants a stay after conceding he maintained his own website with sexually explicit images.

With respect to his publicly accessible website, the panel of judges declared that Kozinski was “careless” and “judicially imprudent”. He was reprimanded but not disciplined. In spite of his OSC abuses, reprehensible anti-whistleblower stance and an obscene behavior, Alex Kozinski still sits as the Chief Judge on the 9th Circuit Court of Appeals.

As the head of the OSC, Bloch continued Kozinski’s legacy of shame and disgrace, by destroying careers of countless whistleblowers he was appointed to protect.

 

Office of Special Counsel’s War On Whistleblowers

United States Office of Special Counsel

Watchdog groups and ethics advocates are appalled at the lackadaisical approach towards Bloch’s crimes. The proposed sentence of probation is not commensurate with the scope and longstanding impact of Bloch’s abuse of office and serious violations against federal whistleblowers.

 

Uncertain future

The OSC has operated without permanent leadership since 2008, leaving federal employees in the dark ages and without recourse. Legal professionals are now advising federal employees against coming forward. “When people call me and ask about blowing the whistle, I always tell them, ‘Don’t do it, because your life will be destroyed,'” says William Weaver, a professor of political science at the University of Texas-El Paso and a senior adviser to the National Security Whistleblowers Coalition. “You’ll lose your career; you’re probably going to lose your family if you have one; you’re probably going to lose all your friends because they’re associated through work; you’ll wind up squandering your life savings on attorneys; and you’ll come out the other end of this process working at McDonald’s.”

Yes, that is the way things are. But that is not the way they ought to be.

Link to original: 

http://www.examiner.com/examiner/x-35807-LA-Homeland-Security-Examiner~y2010m7d23-Office-of-Special-Counsel-OSC–the-dark-legacy

CORPORATE MASK

Emotive, manipulative music,
images of the ultimate blue-collar worker,
the glory of human and corporate achievement, the rose in bloom,
entrap the mind of the unwary television viewer. 

Flags waving, planes flying, patriotism overload.
Technology heaven
is all ours for the mere price of
our wealth,
our safety,
our national security,
our dignity,
our dreams,
our lives,
our future.

Beneath the composite mask,
the truth lies waiting in deep-sixed files,
stored in the hands of a rabble of lawyers,
well-fed and groomed, sequestered in the stables.
Trotted out when someone or something
threatens to open a crack, expose the truth
of what lies beneath the public image.

Truth is ugly, threatening, dark and foreboding. 
“Better they, the taxpayers, remain ignorant,” corporate heads whisper.
“Profits are at risk.  We are at risk.” 

Kill the messengers, who dare to speak, who ask,
“Confess to me what I already know and want to hear – truth.”
Corporate heads hiss, “Cut off the limbs that betray the corporation:
Quality Assurance, Inspectors, Government Oversight.
Call them whistleblowers, non-team players.
Defame them; destroy them; silence their cries.
How dare they besmirch the corporation!”

Better to postpone knowledge; suck the public dry,
like a victim of leaches applied to maximize the transfer of life-blood.
Buy the politicians; compromise them; own them; silence them. 
Now they have no choice but to cheerlead for the corporation.
By the time it goes wrong, we’ll be long gone.

Hold them at bay until the all-important spoils
are secreted in Hidden Treuhands, multilayered accounts:
in Austria,
in Germany,
in Switzerland,
in Dubai,
in Saudi Arabia,
secret and untouchable, unseen forever.

Manipulate the system.
Bluster, threaten and break the unions
Convince people to indenture themselves.
“It’s just a business decision.”
Call in favors; place corporate moles, appointed, to high places,
tattooed in the shadows with requisite corporate marching orders:
ALL COMES TO THE CORPORATION.
Hear us; watch our lips.
Do not resist; real patriotism is to serve
the leaches
the parasites,
the predators,
your enslavers,
the corporation.

I have called the White House’s attention to a particularly obnoxious situation in which two whistleblowers have been egregiously betrayed by the United States Federal Government in Texas.  These two men, father and son, stood up and tried to report and stop some serious fraud and have suffered outrageous retribution for it, from their former employer, but also have suffered indifference, neglect and hostility from local and federal law enforcement and agencies with oversight responsibilities.

 

Here is the link one uses to contact the White House and the one I used for this letter:

 

Provides address, phone numbers and e-mail information for the White House.
www.whitehouse.gov/CONTACT/

 

 

 

————————————————————————————————

July 3, 2009

 

Dear President Obama:

 

I am sending you a compelling story of courage on the part of two whistleblowers and the betrayal due to the absolute corruption that some parts of our government has suffered in the past decade.  This is not the only story like this.  I am sending you this one, as the father and son who sent this in have chosen to take this public, due to the total devastation of their lives by not only the bad actors in their former employer, but also the neglect or outright hostility of those government agencies that should have been supporting them while competently investigating and prosecuting the wrongdoers. 

 

Please use your significant authority and power to direct some real clean up of this situation including the federal agencies involved, and assist these whistleblowers.  No one should have to endure such retribution for trying to stand up and do the right thing. 

 

Sincerely,

 

G. Florence Scott

 

——————————————————————————————-

 This letter was originally posted on Yahoo Group, Whistleblower 411 by the two whistleblowers.

Why a poor man can not afford to be a whistle blower for the United
States Government

My name is Alton Eugene Aaron and my son’s name is Jacob Eugene Aaron.
We are legal residents of Ector County in Odessa, TX

I had been hired by my ex-employer as a Computer Specialist on or
about June of 2006. Because of my having over 36 years experience
with computers my job quickly expanded to include, Information
Technology (IT), Web Developer and designer, Database Administrator,
Server Administrator, and Network Administrator for the company.

Jacob had been requested to relocate from Mobile, Alabama to Odessa,
Texas because he had shown natural skills and talents for controlling
inventory while working for a company during hurricane Katrina relief
efforts. He began working on Feb 26, 2007.

Between July 18th and July 24th it had been brought to my attention on
4 occasions that the software that managed inventory had been
corrupted. At the same time Jacob began to see major irregularities
and deletions of entries that he had made while managing inventory.

When we started researching the data corruption and the deleted
transactions there seemed to be an obvious trail of tampering. Both
transactions and the history records of those transactions had been
removed from the database.

On Aug 6 2007 Jacob and I presented our findings to our employer to
show that the software had been tampered with.

On Aug 7 2007 we found ourselves being threatened with termination if
we would not participate in the crime we suspected. Our employer
retaliated by placing us under oppressive supervision of the
individual we had reported we suspected and were treated with undue
suspicion.

On Aug 10 2007 Jacob and I due to the fear of further retaliation
reported to the Internal Revenue Service that we suspected our
employer of conspiracy to commit fraud and feared that the retaliation
would endanger our lives and our families. We requested protection
under the Whistleblower Act.

The clerk at the IRS could not even connect us with an agent of the
Criminal Investigation Dept. I was given a form to fill out and that
form was mailed to the Criminal Investigation Dept of the IRS in
California. When I asked about the protection for our families the
clerk suggested we try the FBI.

Jacob and I went to the FBI and explained our situation and the
possible evidence that I had on my laptop. We requested that the FBI
take custody of the laptop and help us get protection from any further
retaliation.

The FBI then contacted the Texas Rangers and we asked the Texas
Rangers for help but they stated that there probably was not anything
they could do.

When I arrive home at 2:30 I am met by my wife and an Ector County
Sheriffs Deputy. My wife explains that my employer had called almost
half a dozen times and even came to the house to find out where I was.
When she told the employer that I was out of town and probably would
not be back the deputy was sent to retrieve my keys, work uniforms,
and the laptop. I explained to the deputy what was contained on the
laptop and asked to have the Ector County Sheriffs Department take
custody they declined.

On Aug 13th we returned to the FBI and finished filing a statement
with that agency; again requesting protection for ourselves and our
families. We were politely informed that had this been a drug case or
something of that nature we might would have qualified, but this was
different.

On Aug 14th Jacob and I are both served with a restraining order and
notice that we were being sued for disseminating trade secrets.

On Aug 22nd I am contacted by the Criminal Investigation Department of
the IRS and asked to bring the possible evidence to an agent, but now
I am under a restraint that forbids me even cooperating with the
federal government. I would be in contempt of court to perform a
civil duty required of me.

On Aug 24 Jacob and I are sued in court by the employer and judgment
goes for the employer.
Jacob and I were drawn into court, treated like criminals. When we
requested a court appointed attorney we were denied. We found
ourselves in a hostel court alone. I might even be in contempt of
court to speak to the press about this, but if I do go to jail maybe
someone else will benefit from this article.

We sought our rights under the whistleblower act that states ” It is
illegal for an employer to retaliated in any way against an employee
for reporting suspicion of a crime”. We have not found one single
agency to take a stand for our rights as whistleblowers.
As of today Jacob and I have sought help from all of the following
agencies.
1. IRS
2. FBI
3 Texas Rangers
4 Ector County Sheriff’s Department
5 Texas Attorney General
6 District Attorney
7 US Attorney General
8 US Marshal’s Office

All 8 have answered the same, Hire an attorney, we can’t help you!


FOR IMMEDIATE RELEASE

 


Supreme Court Restricts Right To Appeal Under The False Claims Act

Washington, D.C. June 8, 2009. Today the U.S. Supreme Court issued a decision which “chipped away” at the rights of whistleblowers to use the most important anti-fraud law in the United States, the False Claims Act.   The False Claims Act permits whistleblowers to file claims on behalf of the United States, and force corrupt government contractors to pay back to the government monies improperly obtained from taxpayers.  

The ruling was written by Justice Clarence Thomas in the case of U.S. ex rel. Eisenstein v. City of New York.  The Court applied a 30 day limitations for an appeal of a False Claims Act ruling when the Government declined to intervene in the case.   Generally a 60 day limitations period applies to cases in which the United States is a party, but Justice Thomas decided that if the Government does not formally intervene in the case it should be treated essentially like any other private party claim.  

The Eisenstein appeal was filed within 54 days of the lower court ruling and the harsh result of Justice Thomas’ holding is to dismiss the anti-fraud claim as being untimely.  
 
 The following statement was issued by Stephen Kohn, the President of the
 National Whistleblowers Center:
 
 “The Supreme Court in Eisenstein has once again chipped away at the ability of whistleblowers to challenge corrupt contracting practices under the False Claims Act.  The ruling demonstrates a fundamental misconception of the purposes behind the False Claims Act, the most important anti-fraud law in the United States.  The Court ruled that FCA cases pursued by whistleblowers are similar to private lawsuits.  This is wrong.  Whistleblowers under the FCA have a powerful right to file cases on behalf of the United States, and the vast majority of any recovery in these cases is paid to the U.S. Treasury — not the whistleblower.  Taxpayers are the main beneficiaries of these cases — the rules concerning filing deadlines should reflect the intent of the law, and should also reflect the fact that the United States, recovers no less then 70% of all monies obtained in an FCA case.  In today’s environment, the Supreme Court should be strengthening anti-fraud laws, not continuously chipping away at the ability of whistleblowers to present their cases.”

***

This post is from the Whistleblower Protection Blog.

Mary Schapiro announced at the Society of American Business Writers and Editors Conference that the SEC will ask Congress for whistleblower authority similar to that used by the IRS in investigating…

View the entire story at:
http://www.whistleblowersblog.org/2009/04/articles/news-1/sec-may-pay-whistleblowers/index.html

 
April 30,2009
President Barack Obama
The White House
West Wing
1600 Pennsylvania Avenue, NW
Washington, D.C. 20502
 
Dear Mr. President,
 
We are writing to bring your attention to and encourage swift action 
on the issue of whistleblower protection for federal employees. 
Whistleblowers are our nation's best resource against fraud and abuse 
of the public trust. Over the years, whistleblowers have repeatedly 
sounded the alarm about fiscal practices that waste tax dollars. In 
the national security realm, whistleblowers have effectively and 
responsibly called attention to security vulnerabilities that 
threaten the lives of U.S. citizens. Moreover, they have worked to 
prevent violations of the constitutional values we all share.
 
In these uncertain economic times, we should encourage courageous 
public servants to continue to report evidence of misconduct on 
behalf of American taxpayers and families. Unfortunately, we cannot 
expect government employees to continue to sacrifice their careers 
and risk their own families' security without signals from your
Administration that they will be protected.
 
As you may know, "legal" victories for employees who have been 
retaliated against for blowing the whistle are almost non-existent. 
We encourage you to support congressional efforts to reform the 
inadequate system of whistleblower protections, such as H.R. 1507, 
introduced this year by Representatives Van Hollen and Platts.
 
In addition to these forward-looking reforms, we encourage you to 
take action to restore the careers of employees who were wrongly 
terminated or marginalized by previous administrations after blowing 
the whistle. Specifically, we recommend the issuance of an Executive 
Order establishing a program to review individual cases, and where 
significant injustice has occurred, to make the employee whole by 
restoring them to government service. The country can undoubtedly 
benefit from the professionalism and expertise of many of the 
employees who were wrongly removed from federal service.
 
While we recognize there will need to be significant fine-tuning of 
this proposal, we recommend the principles endorsed in a letter sent 
to your office on January 16,2009 by the following relevant 
organizations including: The American Federation of Government 
Employees, The Bill of Rights Foundation, The Government 
Accountability Project, The National Taxpayers Union, The National 
Whistleblower Center, Openthegovernment.org, The Project on 
Government Oversight, The Public Employees for Environmental 
Responsibility and The Whistleblower Mentoring Project.
 
This would send a strong signal that there will be zero tolerance for 
whistleblower retaliation in your Administration. In addition, it 
would go a long way in complementing your already-announced Freedom 
of Information Act reforms toward establishing a new, global gold 
standard for accountability and transparency in government.
 
We thank you for considering our suggestions, and look forward to 
working with you on these reforms.
 
 
Sincerely,
 
 
CAROLYN B. MALONEY
Member of Congress
 
CHRIS VAN HOLLEN
Member of Congress
 
EDOLPHUS TOWNS
Member of Congress
 
KEN CALVERT
Member of Congress
 
TODD RUSSELL PLATTS
Member of Congress
 
BRUCE BRALEY
Member of Congress
 
GABRIELLE GIFFORDS
Member of Congress