10/13/2007
Elaine L. Chao
Secretary of Labor
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 202
Dear Madam Secretary:
On May 10, 2005, United Airlines, received court permission to terminate its four employee pension plans, setting off the largest pension default in the three decades.
The ruling released United from $3.2 billion in pension obligations over the next five years. The government measured United's pension shortfall at close to $9.8 billion.
Approximately one month later, (June 23, 2005) Air Canada sold 12.5% of its frequent flier program (Aeroplan).for $250 million which implied a total market value of the whole plan at $2 billion. At current exchange rates, this equated to US $1.6 billion.
United listed it’s frequent flier program in their 2004 Annual Report on page 25/26 as an $840 million liability, even though at the time of the termination of the pension plans, the Mileage Plus membership was at about 45 million which compared to the Air Canada sale would make that negative asset really about a $15 billion plus asset. That would be one and a half times the amount needed to fund the terminated pension plans.
Now, two years later, United has miraculously found that the Mileage Plus Program is really an ASSET, not a liability and is planning to sell it for profit now that it has shed its pension obligations and the officers have collected huge bonuses for themselves out of bankruptcy, while thousands of retirees and employees have lost the values of their hard earned pensions.
Madam Secretary, as the Chairman of the Board of Directors of the PBGC, it is within your power to restore our pensions to us by moving the PBGC to invoke Section 4047 of the Employee Retirement Income Security Act of 1974 (ERISA) and hereby order United Airlines to uphold its pension obligations.
When the PBGC fought LTV in the Supreme Court, using Section 4047, Justice Harry Blackmun, who wrote the opinion for the LTV Court's 8--1 majority, found the Pension Benefit Guaranty Corporation's policy to be rational because it encourages employees to object strenuously to employer actions that are likely to result in pension plan terminations. Employee resistance, he wrote, can be an important check against plan terminations and may be encouraged. Justice Blackmun’s opinion stands on the side of the United Airlines Employees. United Airlines lied about their assets in bankruptcy and fraudulently terminated our pensions and we now demand they be restored. You cannot deny the precedent of a Supreme Court decision.
Restore our pensions, now.
Respectfully,
Dan Hanley
February 20, 2008
Ms. Deborah Stover-Springer - Acting Inspector General
Pension Benefit Guarantee Corporation
1200 K Street
Washington, D.C 20005
Subj: Whistleblowing United Pilots Association
Dear Ms. Stover-Springer,
I am writing you with regard to alleged illegalities surrounding the distress-termination of all employee pensions during the United Airlines bankruptcy. Because of the actions taken by the PBGC during this questionably legal process, information has been requested employing the Freedom of Information Act (FOIA) as evidence so that we may legally address our concerns in this matter. To date, some of the information requested has not yet been received. It is hoped that your good offices might respond to our petition for this valuable legal information.
As you know, the agreement reached between the PBGC and senior-level United Airlines management included a provision that stipulated an ERISA 4047 waiver clause, which provided for a PBGC equity stake in United Airlines, part of which comprised the total $5.2-billion that United paid to the near insolvent PBGC with an unprecedented guarantee that United Airlines would never seek pension restoration after bankruptcy regardless of future profitability of the airline.
As if this unparalled arrangement were not already bewildering enough, the agreement further stated that at some future time of United's choosing, these monies would be returned to United, while the bankrupt PBGC was still financially burdened with United's pensions. It is for these reasons (and others), that we hereby request that the PBGC provide answers to the following questions:
1) Request clarification and legal authority regarding the specific reasons for the ERISA 4047 waiver in light of the weak financial health of the PBGC.
2) Request specific legal clarification and rationale regarding paragraph 13 of the attached legal agreement between United Airlines and the PBGC.
3) Request confirmation that some or all of the original $5.2-billion has been returned to United Airlines with specific dollar figures and financial arrangements made to accomodate said transaction.
4) FOIA requests made indicate that there is no record of an ERISA-mandated pension audit conducted to determine the financial soundness of employee pensions before termination. Kindly provide records of the federally-mandated audit.
5) There is no record of an ERISA-mandated forensic audit being conducted after the pension terminations. Kindly provide records of the federally-mandated audit.
6) Information regarding the data used in the formulation of the Gross Average Mortality (GAM), which is employed to assess the financial soundness of pension programs is unavailable. Kindly provide the data used to formulate the GAM.
Due to the unique and unprecedented methods employed to distress-terminate the pensions of tens-of-thousands of United employees and retirees, it is herein alleged that possible federal criminal activity, which exceeded PBGC authority and fell outside the legal domain of ERISA, may have occurred. It is legally incumbent upon your office to provide this information to the victims of this possible travesty of justice, while concurrently initiating an immediate investigation into the matter. To date, we have not received much of this information through FOIA requests for such.
Finally, kindly review the attached letter sent by another grassroots organization, the 'Committee for the Restoration of Pensions at United Airlines', in September, 2007 to Senator Daniel Akaka (D-HI) for amplifying information and concerns. I will patiently await your response.
Thank you in advance for your cooperation.
Dan Hanley
Member - Whistleblowing United Pilots Association
***************************************
January 31, 2009
Gordon S. Heddell, Inspector General Department of Labor
200 Constitution Avenue, NW Room S-5502
Washington, DC 20210
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Heddell,
The Whistleblowing United Pilots Association is a national grassroots coalition comprised of employees and retirees from all airlines whose purpose is to help discover the truth regarding alleged white-collar criminality associated with post-9/11 airline bankruptcies and serve justice on the criminals who perpetrated these crimes. I serve as a public spokesperson for this group.
As you know, United Airlines employees and retirees suffered huge financial losses as a result of the post-9/11 bankruptcy process, including the distress-termination of pension plans. Evidence has surfaced that strongly suggests said termination may have been achieved by illicit means via collusion between United Airlines senior management, unnamed financial institutions, the PBGC, the Department of Labor, and senior members of the Bush administration. It is for this reason that I write you today.
Besides our association, another grassroots organization, ‘The Committee for the Restoration of Pensions at United Airlines’, has posed multiple questions in the past to both Senator Daniel Akaka and the Office of Inspector General of the Pension Benefit Guarantee Corporation (PBGC) that have largely gone unanswered. Without expounding, I have enclosed these letters for your perusal.
Additionally, on October 18, 2007, I filed for whistle blower protection under the auspices of the Sarbanes-Oxley Act of 2002 in letters to Senator Carl Levin and Securities and Exchange Commissioner Christopher Cox, which I have also enclosed for your review, in addition to a recently transmitted letter to Mr. H. David Kotz, the Inspector General of the SEC.
On October 13, 2007, many members of our association wrote the enclosed letter of petition to then Labor Secretary Elaine Chao imploring her office to investigate the alleged accounting improprieties and purported deceit surrounding the United Airlines Mileage Plus frequent flier program during the bankruptcy, which facilitated the termination of employee pensions. This letter is also enclosed for departmental review.
On February 20, 2008, many of our members also wrote to Ms. Deborah Stover-Springer, Acting Inspector General for the PBGC, asking six specific questions that subsequently went unanswered:
1) Request clarification and legal authority regarding the specific reasons for the ERISA 4047 waiver in light of the weak financial health of the PBGC.
2) Request specific legal clarification and rationale regarding paragraph 13 of the attached legal agreement between United Airlines and the PBGC.
3) Request confirmation that some or all of the original $5.2-billion has been returned to United Airlines with specific dollar figures and financial arrangements made to accommodate said transaction.
4) FOIA requests made indicate that there is no record of an ERISA-mandated pension audit conducted to determine the financial soundness of employee pensions before termination. Kindly provide records of the federally-mandated audit.
5) There is no record of an ERISA-mandated forensic audit being conducted after the pension terminations. Kindly provide records of the federally-mandated audit.
6) Information regarding the data used in the formulation of the Gross Average Mortality (GAM), which is employed to assess the financial soundness of pension programs is unavailable. Kindly provide the data used to formulate the GAM.
Additionally, numerous requests were made under the Freedom of Information Act regarding these same issues, without success.
Since the Secretary of Labor serves as Chairman of the PBGC, although recognizing that this organization serves as a quasi-governmental agency, request is herein made that your office conduct a thorough investigation into these issues and provide a timely response at your earliest convenience. Our association has been stonewalled on countless fronts and occasions the past few years. Given your nonpartisan legal enforcement role within the Department of Labor, we are confident that you will provide answers to the questions raised within the enclosed correspondence to others.
President Obama has intimated in recent remarks his desire to look forward leaving the dreadful Bush years behind us in our legal and political rearview mirrors. Although most Americans agree that the dismal past eight years signifies some of the worst years in our nation’s history and desire to forge ahead, we are a country of laws with a government infrastructure designed to enforce them. To turn our backs on the unlawful past only guarantees that history will once again repeat itself in the future. Airline employees and retirees, especially our association and others, will not do so, as it is our strong belief that federal laws were violated. The white-collar criminals must be prosecuted and brought to justice.
Over 100,000 United employees and retirees at United alone were grossly disenfranchised financially in the allegedly illegal distress-termination of pension plans. If this is the way our government intends to conduct business in the future, then it shouldn’t have required Tim Geitner or Tom Daschle to pay their back taxes and the Department of Justice should exonerate Bernie Madoff for his alleged criminal activity as well. We want to believe that Lady Justice is blind in the criminal prosecution of unlawful behavior in this country. Based on the frustrating past several years experiences of our association, we’ve come to believe this only to be the case with selective issues and individual cases. Kindly prove us wrong in this instance.
President Obama campaigned on a promise of open government, which included the exposition of white-collar corruption, untoward lobbyist pressures, and excessive executive compensation. In this regard, the Whistleblowing United Pilots Association fully supports and encourages his agenda. It is our fervent hope and prayer that your office will join us in our honest and noble crusade to expose potential illegalities surrounding pension terminations, so that history will not be required to repeat itself in the future for the 40-million other hard-working, honest American citizens who still possess defined-benefit pension plans.
Our association fully realizes the global nature of our economy and the fact that workers in India and China, who do not have such pension plans and other perks, challenge the competitiveness of American companies that do. Most workers in our dynamic and mobile economy have 401K accounts readily transferrable to their next place of employment without loss. There are still many who do not.
There is a 'kinder and gentler' avenue of transition to 401K plans in this country, but companies like United and others in bankruptcy need not employ such humanitarian measures, as employees find themselves at the mercy of a bankruptcy judge and secured creditors with the task of the judge being the financial salvation of the corporate entity. Such was the case at United Airlines with the judge being in agreement with the pension termination plan. If evidence suggests that this transaction was wrought by illicit means, then this presents an entirely different legal picture that must be investigated. The financially disenfranchised shareholders and vendors equally demand answers to these questions regarding other fiduciary issues.
On February 14, 2008, I filed a federal complaint (complaint # 2008-9580) with the office of the FBI in Chicago, Illinois pending forthcoming evidence and witness testimony on this and other relevant issues and am in need of the requested information to move forward in the legal arena. Additionally, our association had petitioned numerous relevant congressional committee chairs, as well as key staff members within the Department of Justice for assistance in these matters.
And finally, last week, the Government Accountability Project office transmitted the attached letter petitioning President Obama to move forward with pending enhanced whistle blower protection legislation. You will note that my name/association appear as signatory toward the bottom of this document. It is because of my personal past abuse as a whistle blower on numerous counts, as well as the thousands of other unheard informants, that I strongly support passage of this legislation. Please be advised that I have additionally 'blown the whistle' regarding allegedly fraudulent issues concerning the Department of Transportation and the Social Security Administration concerning personal issues tangentially related to this case in letters to the Inspector Generals of these agencies.
Thank you for your time and consideration of these issues. We will patiently await your response.
Very respectfully,
Dan Hanley
Spokesperson – Whistleblowing United Pilots Association
Encl: Letter to Senator Daniel Akaka
Letter dated October 13, 2007 to Labor Secretary Elaine Chao
Letter dated February 20, 2008 to Ms. Deborah Springer-Stover, Acting PBGC OIG
Letter dated October 25, 2007 to Senator Carl Levin, Chairman, Senate Permanent Subcommittee on Investigations
Letter dated October 25, 2007 to Christopher Cox, Chairman, Securities and Exchange Commission
Affidavit dated October 25, 2007 of Daniel W. Hanley
Letter dated January 28, 2009 to H. David Kotz, Inspector General, Securities and Exchange Commission
Cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Senator Daniel Akaka - Chairman, Government Management, the Federal Workforce and DC
Congressman Henry Waxman – Chairman, Government Oversight Committee
Hilda Solis – Secretary of Labor
Rebecca Anne Batts - Office of Inspector General, Pension Benefit Guarantee Corporation
Charles E.F. Millard – Director, Pension Benefit Guarantee Corporation
Mary Schapiro – SEC Chairman
Merri Jo Gillette – SEC Midwest Regional Director
Rita Glavin – Acting Assistant Attorney General, Criminal Division
Robert Mueller – FBI Director
Patrick Fitzgerald – District Attorney for the Northern District of Illinois
Robert Grant – Chicago FBI Special Agent-in-Charge
Tom Devine – Government Accountability Project Legal Director
Members of the Whistleblowing United Pilots Association
******************************************
U.S. pension insurer's deficit spikes
PBGC forecasts grim future, calls for 'long-term solution'
By Associated Press
Saturday, November 14, 2009
The government-chartered company that insures the pensions of one in seven Americans said Friday that its deficit this year nearly doubled to $22 billion.
That's an improvement over the Pension Benefit Guaranty Corp.'s midyear record deficit of $33.5 billion, which spiked as automakers and other companies faltered and caused the insurance fund's liabilities to spike.
Yet experts and officials say the long-term picture is grim. They say that without major changes, such as higher insurance premiums and less risky investments, the fund eventually will require a taxpayer bailout.
"We could face much higher deficits in the future," PBGC Acting Director Vincent Snowbarger said in a statement. "We won't fail to meet our obligations to retirees, but ultimately we will need a long-term solution."
The PBGC's finances this year have been battered by the weak economy, which put it on the hook for 144 new pension plans that failed in the fiscal year ended Sept. 30. That compares with 67 in the previous year.
Low interest rates added to the sea of red ink because the PBGC can't count on inflation to drive down the value of future payouts. It also faced losses on stock investments made by investment advisers and by the pension funds it took over -- though the recent market rally has helped the PBGC net an investment return of 13.2 percent for the year.
These fluctuations can hide the fundamental problems with the pension insurance system, said Bradley Belt, a former PBGC executive director and now chief executive of financial consulting firm Palisades Capital Advisors.
"People focus too much on what the number is," Belt said. "A lot of what's going on is bookkeeping or accounting that mask, unfortunately, the long-term problem."
The PBGC is responsible for the benefits of 1.5 million Americans. It sends checks each month to 740,000 pensioners. It is funded entirely by fees paid by the companies whose pensions it insures.
Congress sets those fees, and it has been reluctant to raise them in the face of opposition from business and labor groups. Because the fund isn't expected to run out for a decade or more, there is little impetus to raise rates.
Indeed, some lawmakers have introduced legislation that experts say could further expand the PBGC's deficit. A bill introduced last month by Rep. Earl Pomeroy (D-N.D.) and others would allow employers to reduce contributions to pension funds.
The bill is intended to reduce companies' costs so they can withstand the economic slump and support a recovery. But it also could force the PBGC to take over some liabilities from plans that cover multiple employers. Under the current system, those costs are covered by the remaining companies if one partner in a pension plan goes bankrupt.
That's especially troubling, experts said, because the PBGC has only about $1.46 billion of assets available to cover multi-employer plans, meaning insolvency in that area could come much sooner.
Pomeroy's office did not respond to requests for comment.
Congress' reluctance to increase costs to employers has led to growing shortfalls. The PBGC has been in the red for 29 of its 35 years of operation.
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Monday, November 30, 2009
JPMorgan names ex-Treasury official to risk post
Mon Mar 5, 2007 2:50pm EST
NEW YORK, March 5 (Reuters) - JPMorgan Chase & Co. has named Brian Roseboro, a former U.S. Treasury undersecretary, as chief risk officer for the market based activities of the bank's chief investment officer, according to an internal memo made available on Monday.
Roseboro, a former undersecretary for domestic finance who also served as an assistant secretary for financial markets, left the Treasury post in 2005 and has since been working at Promontory Financial Group, a regulatory and financial services consulting firm.
A Promontory spokesman confirmed that he had left the firm.
Roseboro will join JPMorgan in late March, reporting jointly to Chief Investment Officer Ina Drew and the bank's chief risk officer.
He will replace Bob Rupp, who held the post on an interim basis and will now report to Roseboro, said JPMorgan spokesman Brian Marchiony.
***********************************
----- Original Message -----
From: Dan Hanley
To: Eric Thorson
Cc: Tom Devine ; FBI Wash DC ; Rita Glavin ; Chicago SEC ; Chicago FBI ; Mary Schapiro ; Brian Downey
Sent: Saturday, January 31, 2009 12:37 AM
Subject: Whistleblowing United Pilots Assn
February 2, 2009
Eric Thorson – Inspector General
Department of Treasury
Office of Inspector General
1500 Pennsylvania Avenue, N.W.
Room 4436,
Washington, DC 20220
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Thorson,
The Whistleblowing United Pilots Association is a national grassroots coalition comprised of employees and retirees from all airlines whose purpose is to help discover the truth regarding alleged white-collar criminality associated with post-9/11 airline bankruptcies and serve justice on the criminals who perpetrated these crimes. I serve as a public spokesperson for this group.
On February 14, 2008, a federal complaint was filed by me on behalf of the association with the office of the Federal Bureau of investigation in Chicago, which has been left open pending forthcoming additional evidence and witness testimony, which is why I write to you today.
As you know, the post-9/11 Airline Transportation Stabilization Act authorized the establishment of a $10-billion loan guarantee program designed to financially assist ailing airlines in the aftermath of that tragic event. Even after multi-billion dollar United Airlines employee concessions, the first application for said monies was denied by the three-voting member Airline Transportation Stabilization Board (ATSB). In their ruling, the board determined that concessions rendered were insufficient to risk the government backed loan, so United Airlines management returned to the bargaining table demanding additional employee concessions to preclude Chapter 11 bankruptcy or, even worse, Chapter 7 liquidation to which the employee groups conceded.
Upon second application, the three-man ATSB voting board members consisted of ATSB Chairman Eddie Gramlich, Treasury Secretary John Snow, and Transportation General Counsel Kirk Van Tine. It was stated in the media that Mr. Gramlich was predetermined to vote in the negative on the application, which left the vote hanging in the balance between Mr. Snow and Mr. Van Tine.
In an August 13, 2004 Financial Times article authored by Caroline Daniels entitled, “The Revolt of the Treasury Secretary (Against His Own Staff!), it was noted that Treasury Undersecretary Brian Roseburo insubordinately voted in the negative against the wishes of his boss at Treasury, John Snow, thereby enabling long-time Bush confidant and Baker-Botts attorney Van Tine to abstain from voting since his vote was rendered moot. That single negative vote thrust United Airlines into Chapter 11 bankruptcy enabling the subsequent total decimation of employee labor contracts and termination of pensions.
Request is hereby made that your office conduct a thorough investigation into this matter and provide our association with the rationale behind this questionably legal decision and offer a reasonable legal opinion as to why this insubordinate vote was cast with impunity, which caused so much pain, loss, and suffering to so many as a result. When one also considers the tremendous financial losses incurred by employees, retirees, and unsecured creditors and vendors in the bankruptcy by a single vote, the apparent criminality begs for a response from the Departments of Treasury and Justice, and the Securities and Exchange Commission. It is believed that this question has been answered by another organization, but a legal opinion from your office is requested as well.
I have filed for whistle blower protection under the auspices of the Sarbanes-Oxley Act of 2002 and have contacted Securities and Exchange Commission Inspector General H. David Kotz, as well as Senator Grassley on these and other matters. Additionally, I am affiliated with the Government Accountability Project in Washington, DC, as well as numerous civic criminal investigation organizations. If investors were bilked out of billions of dollars by illicit means, then the white-collar criminals must be brought to justice.
In light of the hundreds of billions in tax dollars presently being unconditionally doled out to banks without congressional oversight or accountability, the $2.1-billion United Airlines loan application offered during financially healthier times and under extremely stringent financial conditions by the ATSB pales in comparison. Shortly after casting his vote, Mr. Roseburo quietly returned to a position at a prominent Wall Street bank. This was an outrage; it is criminal.
President Obama campaigned on a promise of open government, which included the exposition of white-collar corruption, untoward lobbyist pressures, and excessive executive compensation. Our association efforts are in full support his stated goals, as well as those of the Department of Justice, Treasury, and the Securities and Exchange Commission.
Thank you for the time and consideration. I will patiently await your response for inclusion in my federal complaint file in Chicago.
Very respectfully,
Dan Hanley
Spokesperson – Whistleblowing United Pilots Association
Cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Congressman Henry Waxman – Chairman, Government Oversight Committee
Mary Schapiro – SEC Chairman
Merri Jo Gillette – SEC Midwest Regional Director
Rita Glavin – Acting Assistant Attorney General, Criminal Division
Robert Mueller – FBI Director
Patrick Fitzgerald – District Attorney for the Northern District of Illinois
Robert Grant – Chicago FBI Special Agent-in-Charge
Tom Devine – Government Accountability Project Legal Director
Members of the Whistleblowing United Pilots Association
Mon Mar 5, 2007 2:50pm EST
NEW YORK, March 5 (Reuters) - JPMorgan Chase & Co. has named Brian Roseboro, a former U.S. Treasury undersecretary, as chief risk officer for the market based activities of the bank's chief investment officer, according to an internal memo made available on Monday.
Roseboro, a former undersecretary for domestic finance who also served as an assistant secretary for financial markets, left the Treasury post in 2005 and has since been working at Promontory Financial Group, a regulatory and financial services consulting firm.
A Promontory spokesman confirmed that he had left the firm.
Roseboro will join JPMorgan in late March, reporting jointly to Chief Investment Officer Ina Drew and the bank's chief risk officer.
He will replace Bob Rupp, who held the post on an interim basis and will now report to Roseboro, said JPMorgan spokesman Brian Marchiony.
***********************************
----- Original Message -----
From: Dan Hanley
To: Eric Thorson
Cc: Tom Devine ; FBI Wash DC ; Rita Glavin ; Chicago SEC ; Chicago FBI ; Mary Schapiro ; Brian Downey
Sent: Saturday, January 31, 2009 12:37 AM
Subject: Whistleblowing United Pilots Assn
February 2, 2009
Eric Thorson – Inspector General
Department of Treasury
Office of Inspector General
1500 Pennsylvania Avenue, N.W.
Room 4436,
Washington, DC 20220
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Thorson,
The Whistleblowing United Pilots Association is a national grassroots coalition comprised of employees and retirees from all airlines whose purpose is to help discover the truth regarding alleged white-collar criminality associated with post-9/11 airline bankruptcies and serve justice on the criminals who perpetrated these crimes. I serve as a public spokesperson for this group.
On February 14, 2008, a federal complaint was filed by me on behalf of the association with the office of the Federal Bureau of investigation in Chicago, which has been left open pending forthcoming additional evidence and witness testimony, which is why I write to you today.
As you know, the post-9/11 Airline Transportation Stabilization Act authorized the establishment of a $10-billion loan guarantee program designed to financially assist ailing airlines in the aftermath of that tragic event. Even after multi-billion dollar United Airlines employee concessions, the first application for said monies was denied by the three-voting member Airline Transportation Stabilization Board (ATSB). In their ruling, the board determined that concessions rendered were insufficient to risk the government backed loan, so United Airlines management returned to the bargaining table demanding additional employee concessions to preclude Chapter 11 bankruptcy or, even worse, Chapter 7 liquidation to which the employee groups conceded.
Upon second application, the three-man ATSB voting board members consisted of ATSB Chairman Eddie Gramlich, Treasury Secretary John Snow, and Transportation General Counsel Kirk Van Tine. It was stated in the media that Mr. Gramlich was predetermined to vote in the negative on the application, which left the vote hanging in the balance between Mr. Snow and Mr. Van Tine.
In an August 13, 2004 Financial Times article authored by Caroline Daniels entitled, “The Revolt of the Treasury Secretary (Against His Own Staff!), it was noted that Treasury Undersecretary Brian Roseburo insubordinately voted in the negative against the wishes of his boss at Treasury, John Snow, thereby enabling long-time Bush confidant and Baker-Botts attorney Van Tine to abstain from voting since his vote was rendered moot. That single negative vote thrust United Airlines into Chapter 11 bankruptcy enabling the subsequent total decimation of employee labor contracts and termination of pensions.
Request is hereby made that your office conduct a thorough investigation into this matter and provide our association with the rationale behind this questionably legal decision and offer a reasonable legal opinion as to why this insubordinate vote was cast with impunity, which caused so much pain, loss, and suffering to so many as a result. When one also considers the tremendous financial losses incurred by employees, retirees, and unsecured creditors and vendors in the bankruptcy by a single vote, the apparent criminality begs for a response from the Departments of Treasury and Justice, and the Securities and Exchange Commission. It is believed that this question has been answered by another organization, but a legal opinion from your office is requested as well.
I have filed for whistle blower protection under the auspices of the Sarbanes-Oxley Act of 2002 and have contacted Securities and Exchange Commission Inspector General H. David Kotz, as well as Senator Grassley on these and other matters. Additionally, I am affiliated with the Government Accountability Project in Washington, DC, as well as numerous civic criminal investigation organizations. If investors were bilked out of billions of dollars by illicit means, then the white-collar criminals must be brought to justice.
In light of the hundreds of billions in tax dollars presently being unconditionally doled out to banks without congressional oversight or accountability, the $2.1-billion United Airlines loan application offered during financially healthier times and under extremely stringent financial conditions by the ATSB pales in comparison. Shortly after casting his vote, Mr. Roseburo quietly returned to a position at a prominent Wall Street bank. This was an outrage; it is criminal.
President Obama campaigned on a promise of open government, which included the exposition of white-collar corruption, untoward lobbyist pressures, and excessive executive compensation. Our association efforts are in full support his stated goals, as well as those of the Department of Justice, Treasury, and the Securities and Exchange Commission.
Thank you for the time and consideration. I will patiently await your response for inclusion in my federal complaint file in Chicago.
Very respectfully,
Dan Hanley
Spokesperson – Whistleblowing United Pilots Association
Cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Congressman Henry Waxman – Chairman, Government Oversight Committee
Mary Schapiro – SEC Chairman
Merri Jo Gillette – SEC Midwest Regional Director
Rita Glavin – Acting Assistant Attorney General, Criminal Division
Robert Mueller – FBI Director
Patrick Fitzgerald – District Attorney for the Northern District of Illinois
Robert Grant – Chicago FBI Special Agent-in-Charge
Tom Devine – Government Accountability Project Legal Director
Members of the Whistleblowing United Pilots Association
September 3, 2007
Senator Daniel Akaka
Prince Kuhio Federal Building
300 Ala Moana Blvd., Rm. 3-106
Box 50144
Honolulu, HI 96850
Tel: (808) 522-8970
Fax: (808) 545-4683
Dear Honorable Senator Akaka
I look for your support to seek a ERISA 4047 reinstatement of the United Airlines Pensions from the PBGC. This request is based on the disclosure by United Airlines executives on or about July 20, 2007 that they have sought and received a valuation for an asset, known as the “Mileage Plus Program” that will benefit the Corporation by at least $7.5B. These executives have also disclosed that their intent is to “spin off” this asset. This means they have concluded it is not needed for sustainability of the corporation. They further have disclosed this “spin off” should increase the stock price significantly.
In a 1987 case PBGC v LTV the Supreme Court held in 1990, that the PBGC has the authority and purpose to seek the reinstatement of terminated pensions in almost any situation, especially where the financial condition of the corporation has changed favorably. Also, in this instant case the procedures and actions taken that lead up to the termination may have been questionable regarding the underlying corporate fitness. This action translates into an abuse of the PBGC insurance program another basis for the 1990 Supreme Court ruling. And finally it appears that government officials designed to protect the employees in termination situations may have had conflicts of interest that swayed the PBGC action unfavorably further supporting the requested reinstatement of these pensions under ERISA, 4047.
BACKGROUND
As you are aware United Airlines entered into bankruptcy in December 2002 citing their inability to secure an ATSB loan guarantee.
United Airlines was employee owned by way of deferred compensation over a six year period, the ESOP.
At the time that United entered bankruptcy the company was structured as an ESOP with 53% of the outstanding shares of the firm held by the employee groups. These shares were purchased by way of a deferred compensation agreement over a six year funding period. During this period since the ESOP was set up as a Retirement Fund vehicle, contributions to a 401K account were reduced since IRS laws count the paper value of the ESOP shares to compute the allowable contribution to a retirement account.
As United executives began the bankruptcy processing they moved to divest the ESOP structure and as United Airlines ( UAL) shares were around $9.00 per share they sought and received bankruptcy court approval to prevent the ESOP trustees from selling shares because the change in ownership would have created a tax consequence for the corporation.
The ESOP shares held by the employees and structured to be a retirement vehicle diminished to less than a $1.00 before becoming worthless with the bankruptcy exit.
United Executive failed to disclose the true value of assets including “Mileage Plus” at $7.5B .
The executives at United filed their Petition with the bankruptcy court listing all of the assets and liabilities of the corporation. The bankruptcy court approved the petition that these executives signed validating the list of assets to be true and correct. In fact one asset that UAL executives did not disclose as to its known inherent value was the Loyalty Program known as “The Mileage Plus” program. UAL executives were aware that since 2001 Air Canada had been preparing both their Loyalty Program and their maintenance base for sale to generate cash. In fact, UAL executives were aware that Air Canada had announced it had sold just 30% of its Loyalty Program know as “Aeroplan” for $245M USD to an outside firm in 2003. It was known to the executives as a result of media reports about the “Aeroplan” sale that a similar sale of the “Mileage Plus” program by UAL could generate between $6B-10B dollars.
During the Bankruptcy proceeding United Airlines executives sought Bankruptcy court approval to terminate the remaining Defined Benefit Pensions for all employee groups then valued at $6B. These executives were keenly aware this undisclosed asset “The Mileage Plus” program could have been used to fully fund these pensions.
United executives breach corporate governance laws by providing with purpose a version of a portion of an ATSB loan to the ATSB, yet redact certain portions when presented to the UAL Board Of Directors. These actions exhibit a pattern of intent to not fully disclose certain facts.
The Unions accused United executives of setting the termination of pensions ( Section 1114 relief) as a business plan strategy even before July 2003. The court ordered an examiner to determine if these executives did plan these pension terminations prior to a full review of their value. See Report of Examiner Ross O. Silverman attached hereto. In this report at Page 33, Paragraph 9. The Transmittal To The Officers And Directors Of United Of A Redacted Version Of The ATSB Narrative. This action provides a pattern of behavior that would be consistent with the withholding of an assets true underlying value in the Bankruptcy court. In this report the author describes a pattern of covert handling of documents to formulate a plan that represents what the corporation wants the Bankruptcy court and the PBGC and the ATSB to know not what the true state of the corporation was at the time. The report cites examples of executives discussing “filling voids” in revenue projections. In addition the report details the use of the telephone and fax and email in their efforts to produce two versions of this Federal Loan package, the use of telephones, wire, and email could rise to the level of a federal RICO violation. In this report even United’s counsel details conversations between executives regarding that these actions rise to the level of a violation of corporate governance laws.
The ATSB relied upon the loan documents prepared by United executives to be considered for their Federal Loan Guarantee program. These executives as described in the examiners report prepared and distributed at least two different versions of the business plan. The significant difference was apparently in the use of termination of pensions to show viability. While the ATSB was unaware that the executives failed to disclose to their Board of Directors that the Loan application they submitted to the ATSB was materially different from the one presented to the UAL Board of Directors. The ATSB ultimately denied the request by UAL for its loan guarantee stating that capital resources were available to UAL in the private markets.
The PBGC would rely upon these stated asset values and the firms fitness to determine if its obligation to fund the Defined Benefit Pensions should be terminated. In this case the facts indicate United Executives devised different schemes to fit the audience. Since the ATSB believed the United executives did not make a valid case that their financial condition as presented in the Loan documents, rose to the level for a Federal loan guarantee even with the termination of the pensions included , why did these executives redact the plan to terminate pensions from their own Board of Directors. This scheme is detailed in this Examiners Report and is a part of the official record in the Bankruptcy court.
The PBGC allows for such termination when the divesting firm has proven that without such an action the firm could not continue to operate. United Airlines executives filed such a motion to terminate the Defined Benefit Pensions of all employee groups on or about 2003. The PBGC the Federal agency that was set up in the 1974 legislation of ERISA has specific guidelines to follow: see footnote below, an excerpt from a report to a Government oversight committee regarding the PBGC 2007.
[1]The PBGC cited their legislative requirement Background: Congress passed ERISA to protect the rights and interests of Participants and beneficiaries of private sector employee benefit plans. Before the enactment of ERISA, few rules governed the funding of defined benefit pension plans,[Footnote 5] and participants had no guarantee that they would receive promised benefits. Title IV of ERISA created PBGC to insure plan participants' benefits and to encourage the continuation and maintenance of private sector defined benefit pension plans by providing timely and uninterrupted payment of pension benefits.[Footnote 6] Through its two insurance programs, PBGC covers certain private sector defined benefit plans.[Footnote 7] PBGC is funded through insurance premiums from employers that sponsor insured pension plans as well as investment income and assets from terminated pension plans. ERISA established a governance structure consisting of a board of directors, with the Secretary of Labor as the Chairman of the Board. ERISA provided the Secretary of Labor with responsibility for administering PBGC's operations, personnel, and budget. The Secretary delegated the responsibility for administering PBGC to an Executive Director through a series of chairman's orders describing the Executive Director's responsibilities. For example, one order issued in 1984 authorized the Executive Director to make final decisions addressing legal matters on behalf of the corporation. In 2006, PPA replaced the Chairman of the Board as PBGC's administrator with a Senate-confirmed director. The PPA established the director position at the same level of the executive schedule as two of the PBGC board representatives-- Under Secretaries of Commerce and Treasury as well as the heads of other federal government corporations, such as the Federal Deposit Insurance Corporation (FDIC) and the Export-Import Bank of the United States. In addition, the corporation is aided by a seven-member Advisory Committee appointed by the President to represent the interests of labor, employers, and the general public.[Footnote 8] This committee has an advisory role but has no statutory authority to set
PBGC policy or conduct formal oversight
These aforementioned guidelines were intended to insure that a firm requesting such termination does so as a means to shed the cost of these Defined Benefit pensions as one of the only means remaining to the firm or it would have to cease operations. Since UAL executives did not disclose the significant value of the asset known as “the Mileage Plus” program the true value of the firm was not easily determined by the PBGC.
The PBGC director states the UAL pension termination if allowed would be the largest and most costly such action to pensions in U. S. History. UAL executives did not want to take the time to have the PBGC conduct a full analysis of the underlying Pension Values.
The United Airlines executives did not want the PBGC to take the time to make a full analysis of the Defined Benefit Pensions. The Director of the PBGC made public comments that the size of the UAL Pensions if they were allowed to be terminated would be the largest and most costly for the government in U.S. History. Further, it would take some time to complete a thorough review of these pensions. On or about January 11, 2005 United Airlines executives and Lawyers met with PBGC authorities to persuade the PBGC to withdraw its opposition to the motion to allow termination of the Defined Benefit pensions. A series of eleven (11) meetings were held in Washington and New York concluding with an April 13, 2005 meeting and agreement. . This meeting schedule and who attended was determined byway of a FOIA letter request of the PBGC dated April 23, 2005 FOIA 2005-0764
PBGC agrees to withdraw motion against an expedited termination and will receive $1.5B in convertible Notes from UAUA.
This agreement dated April 22, 2005 directed the PBGC to withdraw its motion to prevent the termination of the Pensions in the Bankruptcy court, and United Airlines promised to provide the PBGC with convertible Notes in the amount of $1.5B. The PBGC did take the action agreed to withdraw its motion in opposition to the UAL request to allow termination of these pensions, at a May 9, 2005 hearing in the Bankruptcy court.
PBGC Director Belt concludes allowing termination before a lengthy complete review of the UAL Pensions will actually save the PBGC additional liability .
This agreement does not meet the underlying legislative standard and purpose of the PBGC. The PBGC Director, Mr. Belt had made public statements that some of the pensions under review might not be under funded. The PBGC Director did cite one of the reasons to take this expedited action to allow termination as requested by UAL executives as it might save the PBGC Corporation from addition liability. The agreement creates an age discrimination impact on the workers that are over forty years old that are part of these Defined Benefit pensions. The PBGC director took no action to prevent such a federal violation for these employees over 40 years of age. There is no record that the PBGC director sought a complete review or analysis of the true state of these underlying Defined Benefit pension funds prior to agreeing to termination..
Oversight Advisory Committee takes no action on behalf of the employees
There is an overseeing committee as outlined in ERISA that has several specific responsibilities as determined by the PBGC. One of the most important was the role as trustee of terminated plans. In this instance this Advisory Committee which is made up of members appointed by the President to act in various oversight capacities took no action to question the actions of the PBGC Director. The most controversial action was his insistence to forgo the time consuming action to fully determine the underlying value of each of the Defined Benefit pensions that were part of the United Airlines pension plans. Since the director had already made public statements that this termination was going to be the largest government pension termination in U.S. history how could this Advisory Committee allow such an unprofessional action.
The record shows the President announced by way of a press release dated May 5, 2005 that three new members of this Advisory Committee were appointed. The member assigned to represent employees in matters with the PBGC had a unexplainable conflict of interest . Robert Gordon a Texaco/.Chevron executive had worked for Glen Tilton while Tilton was Vice Chairman at Texaco/Chevron . Tilton was now CEO of United Airlines.
A copy of the press release narrative follows. The press release provides a shocking fact that at least one member being appointed had a conflict of interest. This conflict may have led to a favorable oversight for the PBGC actions with United Airlines against the employees. This was not the legislative intent for actions by the PBGC or its internal oversight agency, the Advisory Committee.
Robert Gordon, new appointee assigned to represent the employees in matters before the PBGC worked under the Glen Tilton at Texaco/Chevron during Tiltons tenure as Vice Chairman. Further, these appointees took their positions on this committee just four (4) days before the May 9, 2005 hearing regarding the PBGC new motion to support the United Airline immediate termination request in the Bankruptcy court.
A copy of the press release narrative is included below: Note emphasis added
FOR IMMEDIATE RELEASE
May 05, 2005
PBGC Public Affairs, 202-326-4343
President Names Chair, Three Members to PBGC Advisory Committee
President Bush has designated James E. Nevels of Swarthmore, Pa., as chair of the Advisory Committee of the Pension Benefit Guaranty Corporation (PBGC). The president also has appointed A. Norman Crowder of Naples, Fla., Robert Gordan of San Ramon, Calif., and Leopoldo E. Guzman of Coral Gables, Fla., to serve as members of the committee.
“The distinguished leaders selected by the President bring a wealth of knowledge and experience to the Advisory Committee,” said Executive Director Bradley Belt. “I am confident that the PBGC will benefit from their guidance, and I look forward to working with the new members and with Mr. Nevels in his role as chair.”
Mr. Nevels is chairman of the board of The Swarthmore Group, an independent investment advisory firm. He is also chairman of the Philadelphia School Reform Commission, which administers the seventh-largest school district in the United States. Mr. Nevels earned a bachelor’s degree in philosophy and political science from Bucknell University, a J.D. from the University of Pennsylvania Law School and a master’s in business administration from the Wharton School of Finance. He was appointed to the PBGC Advisory Committee in 2004 to represent the interests of the general public and will serve as chair until 2007.
Mr. Crowder is an independent consulting actuary with more than 40 years’ experience in pension and insurance practice. He has served as chairman and CEO of the Alexander Consulting Group, managing principal of the Tillinghast firm and director of corporate development of Towers Perrin. Mr. Crowder holds a bachelor’s degree in economics and mathematics from Middlebury College and master’s degree in mathematics from the University of Michigan. He is a fellow of the Society of Actuaries. He will represent the interests of employees on the PBGC Advisory Committee in a term to expire in 2008.
Mr. Gordan is assistant treasurer of ChevronTexaco Corp., where his responsibilities include the company’s activities with financial institutions and credit rating agencies. He holds a bachelor’s degree in finance from Fordham University and a master’s in business administration from Rutgers University. On the PBGC Advisory Committee, Mr. Gordan will represent the interests of employees in a term that expires in 2008.
Mr. Guzman is president and CEO of Guzman & Company, an investment banking and institutional brokerage firm that he founded in 1987. He holds a bachelor’s of science degree in operations research from Columbia University and a master’s in business administration from Stanford University. Mr. Guzman will represent the interests of the general public on the PBGC Advisory Committee in a term that ends in 2008.
The PBGC is a federal corporation created under the Employee Retirement Income Security Act (ERISA) of 1974. It currently guarantees payment of basic pension benefits earned by 44 million American workers and retirees participating in over 31,000 private-sector defined benefit pension plans. The agency receives no funds from general tax revenues. Operations are financed largely by insurance premiums paid by companies that sponsor pension plans and by investment returns.
The PBGC Advisory Committee carries out several specific responsibilities outlined by ERISA, including advising on PBGC investment policies and procedures, the trusteeship of terminated plans, and other matters as determined by the PBGC.
— ### —
PBGC No. 05-39
United Airlines exits bankruptcy in February 2006 PBGC receives $1.5B in convertible notes, and UAL executives receive $100M in stock awards in the new issued UAUA.
The executives at United Airlines have as outlined here exhibited a pattern of behavior in dealing with the government agencies, like the PBGC, the ATSB and the Bankruptcy court that includes withholding of information.
United Executives release a plan to spin off the Mileage Plus program will bring in between $7.5B and $22B dollars making UAL stock worth up to $80.00 per share.
In a most recent incident to prove this pattern it has been reported that UA executives on July 15, 2007 sought and received an appraisal of the Loyalty program known as, “The Mileage Plus” Program “from an investment bank. It is reported the appraisal ranged between $7.5 and $22B dollars. As mentioned in this summary, these executives did not disclose this value in Bankruptcy court. These executives used every means available to them to terminate the pensions of the employees at United Airlines and to do so created an environment for them to withhold information, and attempt to influence government officials and those that are assigned to oversee or protect these actions against workers.
Then even as the PBGC, the government agency charged with maintaining these Defined Pension plans was offered a deal to not complete their value review of the state of the pensions , The President appoints a person that worked under the current CEO at United Airlines (Glen Tilton) while Tilton was Vice Chairman at Texaco/Chevron to a post that includes the duties to represent the interests of the employee that are part of a PBGC Pension termination action. This was the largest and most costly pension termination in US History. How could Robert Gordon be selected as the best person to represent employees impacted by a pension termination?
I ask that you seek a PBGC ERISA 4047 action to reinstate these terminated pensions. A review of the PBGC acitons, and question the integrity of the appointment by President Bush of Robert Gordon to the Advisory Committee. .
It is appropriate to seek some answers from the PBGC, President Bush, and direct the PBGC to begin an ERISA 4047 action to reinstate these terminated pensions at United Airlines. Like in the case PBGC v LTV the ERISA 4047 reinstatement action was allowed by a Supreme Court Ruling citing among other things that the business condition of LTV Corp had changed allowing for the reinstatement of the pensions without impacting the underlying business.
I was motivated to draft this letter since a key issue in election politics in America is the abuse of government officials and government waste. In this case it is clear UA executives failed to disclose to the PBGC and the Bankruptcy court the very valuable asset now determined to be worth at least $7.5B dollars. If these executive had waited three or four years to bring this asset to the auction block they could have escaped the cloud that they withheld this underlying value even from the Bankruptcy court. But since it has been just over 16 months no time has passed where they could argue this asset has grown to this value since bankruptcy exit.
I come to you to assist in seeking a complete review of these actions by the PBGC director, the President in nominating a person with a clear conflict of interest in this costly government pension termination. And finally I seek to have you direct the PBGC to consider proceeding with an ERISA 4047 action to reinstate the terminated Pensions of these employees that did not get a fair and equitable handing by their government agency or the President in his appointments.
This ERISA 4047 action should be undertaken immediately before the executives at United Airlines are permitted to spin off this asset and reap the rewards with an increased stock price. This asset alone could make these pensions whole without any impact on the underlying United Airlines operations. The fact that these executives have made these spin off plans public provides the facts to conclude their business conditions have changed allowing this ERISA 4047 action to be undertaken. Finally, their plans to spin off this valuable asset also prove they have weighted the business and financial impact.
I look forward to your response in this very critical matter of government waste, violation of corporate governance and the Presidents appointment of a person with a clear conflict of interest in the termination of pensions of these older workers.
Sincerely,
Committee for the Restoration of Pensions at United Airlines 2007
**************************************
United's Faustian Bargain
http://www.fool.com/investing/general/2007/11/02/uniteds-faustian-bargain.aspx
Rich Duprey
November 2, 2007
Literature's Dr. Faustus is a scholar who has learned all there is to know and makes a pact with Mephistopheles, the devil, trading his soul for power and material gains. He's likened to Icarus, who flies so close to the sun his manmade wings melt, and he falls fatally to Earth.
That seems like an apt metaphor for the deal United Airlines' parent UAL (Nasdaq: UAUA) made with the government's Pension Benefit Guaranty Corp. (PBGC) in defaulting on its employee pensions.
Apparently, I was too exuberant in suggesting the government give back to United the pension obligation it foisted on the PBGC. As part of its agreement with the airline, the PBGC imposed an extraordinary waiver of its powers and agreed not to seek to restore it to United -- ever.
It's a curious move by the pension agency. While only once before has it returned a pension plan to a company that defaulted on its pension obligations, I'm sure today's situation might be the only time a company has been sitting on a host of valuable assets it now wants to spin off and reap billions of dollars in profits from.
An embarrassment of riches
UAL has been floating the idea of selling its Mileage Plus loyalty program, which one Bear Stearns (NYSE: BSC) analyst has suggested could be worth $7 billion if spun off. It also wants to shed its profitable United Services division -- the maintenance, repair, and overhaul business estimated to be worth as much as $600 million. In total, United might be able to fetch some $16 billion from the noncore pieces it puts up for sale. Considering the PBGC assumed more than $6 billion worth of pension obligations from United, it would be reasonable to ask why the airline shouldn't be responsible for the obligations it shed.
Employees were the ones who lost their souls after having worked for decades for the airline to see their benefits slashed. Pilots, for example, who are required by law to retire at age 60, found out that not only would their benefits be cut nearly in half because the maximum the PBGC pays is about $47,000 for someone who retires at 65 -- they were penalized again because the PBGC discounts benefits further for those who retire before 65! Talk about being caught between the flames and the fire!
Contrast that with the sweet deal chairman, president, and CEO Glenn Tilton carved out for himself.
A deal worthy of Mephistopheles
If not for its extraordinary waiver guarantee, the PBGC might have returned the pension obligations to United as it did with LTV in 1990, and restored to United's employees the benefits they had worked and negotiated for, and had been expecting. What's not clear is why the PBGC agreed to such a waiver.
Was it the money? The PBGC was given a $1.5 billion stake in United when the airline reminted its previously worthless shares, equivalent to 23.4% of all outstanding shares and making it the largest shareholder at the time. The pension agency received 11.1 million shares of common stock and 5 million shares of convertible preferred shares. It's not atypical for the PBGC to get shares in a company whose pensions it takes on, as it allows the federal corporation to recoup some of its costs.
A higher calling
In Goethe's Faustus, divine intervention at the last moment prevents Mephistopheles from seizing the alchemist's soul. Unless it's found that there was some skullduggery involved in the negotiations between United and the PBGC, it seems it will take divine intervention to make United responsible for its pension obligations.
Senator Daniel Akaka
Prince Kuhio Federal Building
300 Ala Moana Blvd., Rm. 3-106
Box 50144
Honolulu, HI 96850
Tel: (808) 522-8970
Fax: (808) 545-4683
Dear Honorable Senator Akaka
I look for your support to seek a ERISA 4047 reinstatement of the United Airlines Pensions from the PBGC. This request is based on the disclosure by United Airlines executives on or about July 20, 2007 that they have sought and received a valuation for an asset, known as the “Mileage Plus Program” that will benefit the Corporation by at least $7.5B. These executives have also disclosed that their intent is to “spin off” this asset. This means they have concluded it is not needed for sustainability of the corporation. They further have disclosed this “spin off” should increase the stock price significantly.
In a 1987 case PBGC v LTV the Supreme Court held in 1990, that the PBGC has the authority and purpose to seek the reinstatement of terminated pensions in almost any situation, especially where the financial condition of the corporation has changed favorably. Also, in this instant case the procedures and actions taken that lead up to the termination may have been questionable regarding the underlying corporate fitness. This action translates into an abuse of the PBGC insurance program another basis for the 1990 Supreme Court ruling. And finally it appears that government officials designed to protect the employees in termination situations may have had conflicts of interest that swayed the PBGC action unfavorably further supporting the requested reinstatement of these pensions under ERISA, 4047.
BACKGROUND
As you are aware United Airlines entered into bankruptcy in December 2002 citing their inability to secure an ATSB loan guarantee.
United Airlines was employee owned by way of deferred compensation over a six year period, the ESOP.
At the time that United entered bankruptcy the company was structured as an ESOP with 53% of the outstanding shares of the firm held by the employee groups. These shares were purchased by way of a deferred compensation agreement over a six year funding period. During this period since the ESOP was set up as a Retirement Fund vehicle, contributions to a 401K account were reduced since IRS laws count the paper value of the ESOP shares to compute the allowable contribution to a retirement account.
As United executives began the bankruptcy processing they moved to divest the ESOP structure and as United Airlines ( UAL) shares were around $9.00 per share they sought and received bankruptcy court approval to prevent the ESOP trustees from selling shares because the change in ownership would have created a tax consequence for the corporation.
The ESOP shares held by the employees and structured to be a retirement vehicle diminished to less than a $1.00 before becoming worthless with the bankruptcy exit.
United Executive failed to disclose the true value of assets including “Mileage Plus” at $7.5B .
The executives at United filed their Petition with the bankruptcy court listing all of the assets and liabilities of the corporation. The bankruptcy court approved the petition that these executives signed validating the list of assets to be true and correct. In fact one asset that UAL executives did not disclose as to its known inherent value was the Loyalty Program known as “The Mileage Plus” program. UAL executives were aware that since 2001 Air Canada had been preparing both their Loyalty Program and their maintenance base for sale to generate cash. In fact, UAL executives were aware that Air Canada had announced it had sold just 30% of its Loyalty Program know as “Aeroplan” for $245M USD to an outside firm in 2003. It was known to the executives as a result of media reports about the “Aeroplan” sale that a similar sale of the “Mileage Plus” program by UAL could generate between $6B-10B dollars.
During the Bankruptcy proceeding United Airlines executives sought Bankruptcy court approval to terminate the remaining Defined Benefit Pensions for all employee groups then valued at $6B. These executives were keenly aware this undisclosed asset “The Mileage Plus” program could have been used to fully fund these pensions.
United executives breach corporate governance laws by providing with purpose a version of a portion of an ATSB loan to the ATSB, yet redact certain portions when presented to the UAL Board Of Directors. These actions exhibit a pattern of intent to not fully disclose certain facts.
The Unions accused United executives of setting the termination of pensions ( Section 1114 relief) as a business plan strategy even before July 2003. The court ordered an examiner to determine if these executives did plan these pension terminations prior to a full review of their value. See Report of Examiner Ross O. Silverman attached hereto. In this report at Page 33, Paragraph 9. The Transmittal To The Officers And Directors Of United Of A Redacted Version Of The ATSB Narrative. This action provides a pattern of behavior that would be consistent with the withholding of an assets true underlying value in the Bankruptcy court. In this report the author describes a pattern of covert handling of documents to formulate a plan that represents what the corporation wants the Bankruptcy court and the PBGC and the ATSB to know not what the true state of the corporation was at the time. The report cites examples of executives discussing “filling voids” in revenue projections. In addition the report details the use of the telephone and fax and email in their efforts to produce two versions of this Federal Loan package, the use of telephones, wire, and email could rise to the level of a federal RICO violation. In this report even United’s counsel details conversations between executives regarding that these actions rise to the level of a violation of corporate governance laws.
The ATSB relied upon the loan documents prepared by United executives to be considered for their Federal Loan Guarantee program. These executives as described in the examiners report prepared and distributed at least two different versions of the business plan. The significant difference was apparently in the use of termination of pensions to show viability. While the ATSB was unaware that the executives failed to disclose to their Board of Directors that the Loan application they submitted to the ATSB was materially different from the one presented to the UAL Board of Directors. The ATSB ultimately denied the request by UAL for its loan guarantee stating that capital resources were available to UAL in the private markets.
The PBGC would rely upon these stated asset values and the firms fitness to determine if its obligation to fund the Defined Benefit Pensions should be terminated. In this case the facts indicate United Executives devised different schemes to fit the audience. Since the ATSB believed the United executives did not make a valid case that their financial condition as presented in the Loan documents, rose to the level for a Federal loan guarantee even with the termination of the pensions included , why did these executives redact the plan to terminate pensions from their own Board of Directors. This scheme is detailed in this Examiners Report and is a part of the official record in the Bankruptcy court.
The PBGC allows for such termination when the divesting firm has proven that without such an action the firm could not continue to operate. United Airlines executives filed such a motion to terminate the Defined Benefit Pensions of all employee groups on or about 2003. The PBGC the Federal agency that was set up in the 1974 legislation of ERISA has specific guidelines to follow: see footnote below, an excerpt from a report to a Government oversight committee regarding the PBGC 2007.
[1]The PBGC cited their legislative requirement Background: Congress passed ERISA to protect the rights and interests of Participants and beneficiaries of private sector employee benefit plans. Before the enactment of ERISA, few rules governed the funding of defined benefit pension plans,[Footnote 5] and participants had no guarantee that they would receive promised benefits. Title IV of ERISA created PBGC to insure plan participants' benefits and to encourage the continuation and maintenance of private sector defined benefit pension plans by providing timely and uninterrupted payment of pension benefits.[Footnote 6] Through its two insurance programs, PBGC covers certain private sector defined benefit plans.[Footnote 7] PBGC is funded through insurance premiums from employers that sponsor insured pension plans as well as investment income and assets from terminated pension plans. ERISA established a governance structure consisting of a board of directors, with the Secretary of Labor as the Chairman of the Board. ERISA provided the Secretary of Labor with responsibility for administering PBGC's operations, personnel, and budget. The Secretary delegated the responsibility for administering PBGC to an Executive Director through a series of chairman's orders describing the Executive Director's responsibilities. For example, one order issued in 1984 authorized the Executive Director to make final decisions addressing legal matters on behalf of the corporation. In 2006, PPA replaced the Chairman of the Board as PBGC's administrator with a Senate-confirmed director. The PPA established the director position at the same level of the executive schedule as two of the PBGC board representatives-- Under Secretaries of Commerce and Treasury as well as the heads of other federal government corporations, such as the Federal Deposit Insurance Corporation (FDIC) and the Export-Import Bank of the United States. In addition, the corporation is aided by a seven-member Advisory Committee appointed by the President to represent the interests of labor, employers, and the general public.[Footnote 8] This committee has an advisory role but has no statutory authority to set
PBGC policy or conduct formal oversight
These aforementioned guidelines were intended to insure that a firm requesting such termination does so as a means to shed the cost of these Defined Benefit pensions as one of the only means remaining to the firm or it would have to cease operations. Since UAL executives did not disclose the significant value of the asset known as “the Mileage Plus” program the true value of the firm was not easily determined by the PBGC.
The PBGC director states the UAL pension termination if allowed would be the largest and most costly such action to pensions in U. S. History. UAL executives did not want to take the time to have the PBGC conduct a full analysis of the underlying Pension Values.
The United Airlines executives did not want the PBGC to take the time to make a full analysis of the Defined Benefit Pensions. The Director of the PBGC made public comments that the size of the UAL Pensions if they were allowed to be terminated would be the largest and most costly for the government in U.S. History. Further, it would take some time to complete a thorough review of these pensions. On or about January 11, 2005 United Airlines executives and Lawyers met with PBGC authorities to persuade the PBGC to withdraw its opposition to the motion to allow termination of the Defined Benefit pensions. A series of eleven (11) meetings were held in Washington and New York concluding with an April 13, 2005 meeting and agreement. . This meeting schedule and who attended was determined byway of a FOIA letter request of the PBGC dated April 23, 2005 FOIA 2005-0764
PBGC agrees to withdraw motion against an expedited termination and will receive $1.5B in convertible Notes from UAUA.
This agreement dated April 22, 2005 directed the PBGC to withdraw its motion to prevent the termination of the Pensions in the Bankruptcy court, and United Airlines promised to provide the PBGC with convertible Notes in the amount of $1.5B. The PBGC did take the action agreed to withdraw its motion in opposition to the UAL request to allow termination of these pensions, at a May 9, 2005 hearing in the Bankruptcy court.
PBGC Director Belt concludes allowing termination before a lengthy complete review of the UAL Pensions will actually save the PBGC additional liability .
This agreement does not meet the underlying legislative standard and purpose of the PBGC. The PBGC Director, Mr. Belt had made public statements that some of the pensions under review might not be under funded. The PBGC Director did cite one of the reasons to take this expedited action to allow termination as requested by UAL executives as it might save the PBGC Corporation from addition liability. The agreement creates an age discrimination impact on the workers that are over forty years old that are part of these Defined Benefit pensions. The PBGC director took no action to prevent such a federal violation for these employees over 40 years of age. There is no record that the PBGC director sought a complete review or analysis of the true state of these underlying Defined Benefit pension funds prior to agreeing to termination..
Oversight Advisory Committee takes no action on behalf of the employees
There is an overseeing committee as outlined in ERISA that has several specific responsibilities as determined by the PBGC. One of the most important was the role as trustee of terminated plans. In this instance this Advisory Committee which is made up of members appointed by the President to act in various oversight capacities took no action to question the actions of the PBGC Director. The most controversial action was his insistence to forgo the time consuming action to fully determine the underlying value of each of the Defined Benefit pensions that were part of the United Airlines pension plans. Since the director had already made public statements that this termination was going to be the largest government pension termination in U.S. history how could this Advisory Committee allow such an unprofessional action.
The record shows the President announced by way of a press release dated May 5, 2005 that three new members of this Advisory Committee were appointed. The member assigned to represent employees in matters with the PBGC had a unexplainable conflict of interest . Robert Gordon a Texaco/.Chevron executive had worked for Glen Tilton while Tilton was Vice Chairman at Texaco/Chevron . Tilton was now CEO of United Airlines.
A copy of the press release narrative follows. The press release provides a shocking fact that at least one member being appointed had a conflict of interest. This conflict may have led to a favorable oversight for the PBGC actions with United Airlines against the employees. This was not the legislative intent for actions by the PBGC or its internal oversight agency, the Advisory Committee.
Robert Gordon, new appointee assigned to represent the employees in matters before the PBGC worked under the Glen Tilton at Texaco/Chevron during Tiltons tenure as Vice Chairman. Further, these appointees took their positions on this committee just four (4) days before the May 9, 2005 hearing regarding the PBGC new motion to support the United Airline immediate termination request in the Bankruptcy court.
A copy of the press release narrative is included below: Note emphasis added
FOR IMMEDIATE RELEASE
May 05, 2005
PBGC Public Affairs, 202-326-4343
President Names Chair, Three Members to PBGC Advisory Committee
President Bush has designated James E. Nevels of Swarthmore, Pa., as chair of the Advisory Committee of the Pension Benefit Guaranty Corporation (PBGC). The president also has appointed A. Norman Crowder of Naples, Fla., Robert Gordan of San Ramon, Calif., and Leopoldo E. Guzman of Coral Gables, Fla., to serve as members of the committee.
“The distinguished leaders selected by the President bring a wealth of knowledge and experience to the Advisory Committee,” said Executive Director Bradley Belt. “I am confident that the PBGC will benefit from their guidance, and I look forward to working with the new members and with Mr. Nevels in his role as chair.”
Mr. Nevels is chairman of the board of The Swarthmore Group, an independent investment advisory firm. He is also chairman of the Philadelphia School Reform Commission, which administers the seventh-largest school district in the United States. Mr. Nevels earned a bachelor’s degree in philosophy and political science from Bucknell University, a J.D. from the University of Pennsylvania Law School and a master’s in business administration from the Wharton School of Finance. He was appointed to the PBGC Advisory Committee in 2004 to represent the interests of the general public and will serve as chair until 2007.
Mr. Crowder is an independent consulting actuary with more than 40 years’ experience in pension and insurance practice. He has served as chairman and CEO of the Alexander Consulting Group, managing principal of the Tillinghast firm and director of corporate development of Towers Perrin. Mr. Crowder holds a bachelor’s degree in economics and mathematics from Middlebury College and master’s degree in mathematics from the University of Michigan. He is a fellow of the Society of Actuaries. He will represent the interests of employees on the PBGC Advisory Committee in a term to expire in 2008.
Mr. Gordan is assistant treasurer of ChevronTexaco Corp., where his responsibilities include the company’s activities with financial institutions and credit rating agencies. He holds a bachelor’s degree in finance from Fordham University and a master’s in business administration from Rutgers University. On the PBGC Advisory Committee, Mr. Gordan will represent the interests of employees in a term that expires in 2008.
Mr. Guzman is president and CEO of Guzman & Company, an investment banking and institutional brokerage firm that he founded in 1987. He holds a bachelor’s of science degree in operations research from Columbia University and a master’s in business administration from Stanford University. Mr. Guzman will represent the interests of the general public on the PBGC Advisory Committee in a term that ends in 2008.
The PBGC is a federal corporation created under the Employee Retirement Income Security Act (ERISA) of 1974. It currently guarantees payment of basic pension benefits earned by 44 million American workers and retirees participating in over 31,000 private-sector defined benefit pension plans. The agency receives no funds from general tax revenues. Operations are financed largely by insurance premiums paid by companies that sponsor pension plans and by investment returns.
The PBGC Advisory Committee carries out several specific responsibilities outlined by ERISA, including advising on PBGC investment policies and procedures, the trusteeship of terminated plans, and other matters as determined by the PBGC.
— ### —
PBGC No. 05-39
United Airlines exits bankruptcy in February 2006 PBGC receives $1.5B in convertible notes, and UAL executives receive $100M in stock awards in the new issued UAUA.
The executives at United Airlines have as outlined here exhibited a pattern of behavior in dealing with the government agencies, like the PBGC, the ATSB and the Bankruptcy court that includes withholding of information.
United Executives release a plan to spin off the Mileage Plus program will bring in between $7.5B and $22B dollars making UAL stock worth up to $80.00 per share.
In a most recent incident to prove this pattern it has been reported that UA executives on July 15, 2007 sought and received an appraisal of the Loyalty program known as, “The Mileage Plus” Program “from an investment bank. It is reported the appraisal ranged between $7.5 and $22B dollars. As mentioned in this summary, these executives did not disclose this value in Bankruptcy court. These executives used every means available to them to terminate the pensions of the employees at United Airlines and to do so created an environment for them to withhold information, and attempt to influence government officials and those that are assigned to oversee or protect these actions against workers.
Then even as the PBGC, the government agency charged with maintaining these Defined Pension plans was offered a deal to not complete their value review of the state of the pensions , The President appoints a person that worked under the current CEO at United Airlines (Glen Tilton) while Tilton was Vice Chairman at Texaco/Chevron to a post that includes the duties to represent the interests of the employee that are part of a PBGC Pension termination action. This was the largest and most costly pension termination in US History. How could Robert Gordon be selected as the best person to represent employees impacted by a pension termination?
I ask that you seek a PBGC ERISA 4047 action to reinstate these terminated pensions. A review of the PBGC acitons, and question the integrity of the appointment by President Bush of Robert Gordon to the Advisory Committee. .
It is appropriate to seek some answers from the PBGC, President Bush, and direct the PBGC to begin an ERISA 4047 action to reinstate these terminated pensions at United Airlines. Like in the case PBGC v LTV the ERISA 4047 reinstatement action was allowed by a Supreme Court Ruling citing among other things that the business condition of LTV Corp had changed allowing for the reinstatement of the pensions without impacting the underlying business.
I was motivated to draft this letter since a key issue in election politics in America is the abuse of government officials and government waste. In this case it is clear UA executives failed to disclose to the PBGC and the Bankruptcy court the very valuable asset now determined to be worth at least $7.5B dollars. If these executive had waited three or four years to bring this asset to the auction block they could have escaped the cloud that they withheld this underlying value even from the Bankruptcy court. But since it has been just over 16 months no time has passed where they could argue this asset has grown to this value since bankruptcy exit.
I come to you to assist in seeking a complete review of these actions by the PBGC director, the President in nominating a person with a clear conflict of interest in this costly government pension termination. And finally I seek to have you direct the PBGC to consider proceeding with an ERISA 4047 action to reinstate the terminated Pensions of these employees that did not get a fair and equitable handing by their government agency or the President in his appointments.
This ERISA 4047 action should be undertaken immediately before the executives at United Airlines are permitted to spin off this asset and reap the rewards with an increased stock price. This asset alone could make these pensions whole without any impact on the underlying United Airlines operations. The fact that these executives have made these spin off plans public provides the facts to conclude their business conditions have changed allowing this ERISA 4047 action to be undertaken. Finally, their plans to spin off this valuable asset also prove they have weighted the business and financial impact.
I look forward to your response in this very critical matter of government waste, violation of corporate governance and the Presidents appointment of a person with a clear conflict of interest in the termination of pensions of these older workers.
Sincerely,
Committee for the Restoration of Pensions at United Airlines 2007
**************************************
United's Faustian Bargain
http://www.fool.com/investing/general/2007/11/02/uniteds-faustian-bargain.aspx
Rich Duprey
November 2, 2007
Literature's Dr. Faustus is a scholar who has learned all there is to know and makes a pact with Mephistopheles, the devil, trading his soul for power and material gains. He's likened to Icarus, who flies so close to the sun his manmade wings melt, and he falls fatally to Earth.
That seems like an apt metaphor for the deal United Airlines' parent UAL (Nasdaq: UAUA) made with the government's Pension Benefit Guaranty Corp. (PBGC) in defaulting on its employee pensions.
Apparently, I was too exuberant in suggesting the government give back to United the pension obligation it foisted on the PBGC. As part of its agreement with the airline, the PBGC imposed an extraordinary waiver of its powers and agreed not to seek to restore it to United -- ever.
It's a curious move by the pension agency. While only once before has it returned a pension plan to a company that defaulted on its pension obligations, I'm sure today's situation might be the only time a company has been sitting on a host of valuable assets it now wants to spin off and reap billions of dollars in profits from.
An embarrassment of riches
UAL has been floating the idea of selling its Mileage Plus loyalty program, which one Bear Stearns (NYSE: BSC) analyst has suggested could be worth $7 billion if spun off. It also wants to shed its profitable United Services division -- the maintenance, repair, and overhaul business estimated to be worth as much as $600 million. In total, United might be able to fetch some $16 billion from the noncore pieces it puts up for sale. Considering the PBGC assumed more than $6 billion worth of pension obligations from United, it would be reasonable to ask why the airline shouldn't be responsible for the obligations it shed.
Employees were the ones who lost their souls after having worked for decades for the airline to see their benefits slashed. Pilots, for example, who are required by law to retire at age 60, found out that not only would their benefits be cut nearly in half because the maximum the PBGC pays is about $47,000 for someone who retires at 65 -- they were penalized again because the PBGC discounts benefits further for those who retire before 65! Talk about being caught between the flames and the fire!
Contrast that with the sweet deal chairman, president, and CEO Glenn Tilton carved out for himself.
A deal worthy of Mephistopheles
If not for its extraordinary waiver guarantee, the PBGC might have returned the pension obligations to United as it did with LTV in 1990, and restored to United's employees the benefits they had worked and negotiated for, and had been expecting. What's not clear is why the PBGC agreed to such a waiver.
Was it the money? The PBGC was given a $1.5 billion stake in United when the airline reminted its previously worthless shares, equivalent to 23.4% of all outstanding shares and making it the largest shareholder at the time. The pension agency received 11.1 million shares of common stock and 5 million shares of convertible preferred shares. It's not atypical for the PBGC to get shares in a company whose pensions it takes on, as it allows the federal corporation to recoup some of its costs.
A higher calling
In Goethe's Faustus, divine intervention at the last moment prevents Mephistopheles from seizing the alchemist's soul. Unless it's found that there was some skullduggery involved in the negotiations between United and the PBGC, it seems it will take divine intervention to make United responsible for its pension obligations.
April 12, 2006
The Honorable Alberto R. Gonzales
United States Attorney General
U.S. Department of Justice
9500 Pennsylvania Avenue
Washington, D.C. 20530
The Honorable Norman Y. Mineta
U.S. Department of Transportation
400 7th Street, S.W.
Washington, D.C. 20590
The Honorable Michael J. Chertoff
U.S. Department of Homeland Security
Washington, D.C. 20528
SUBJ: WHISTLE BLOWING UNITED PILOTS’ ASSOCIATION
Gentlemen,
I shouldn’t have to waste our time writing this letter to you, but I chose to do so out of courtesy and desperation. I am a 57-year old, medically disabled United Airlines B-777 Captain who attempted to whistle blow on security frailties and possible criminal wrongdoing in the post-9/11 flight environment. I contend that I was gagged and was medically grounded directly as a result of my honest actions.
It is my assertion that possibly federal aviation laws and RICO statutes (attempted union-busting) were violated in this stifling process. I have witnesses available who would willingly provide sworn testimony, as well as supporting evidence in the form of incriminating correspondence, reports, and digitally recorded phone conversations between myself and United Airlines and the Air Line Pilots Association (ALPA) management to back my claims of federal criminal wrongdoings.
It is herein that I openly state my honest intent to provide this and other evidence currently being amassed by the subject association to a federal prosecutor for further investigation by federal authorities. I believe that you will all agree that failure to act on our part would be a crime in, and of, itself.
Currently, within the active employee and retiree ranks of United Airlines (and the other major airlines), there is a legal, collusive attempt by an army of dedicated employees (independent of any union) to funnel critical pieces of legal evidence to appropriate legal channels and the media for analysis and publication.
To date, I personally have recently submitted (electronically) a report of these matters to the Federal Aviation Administration via the FAA Whistle Blower Protection Program and am awaiting a response. Additionally, I have forwarded the same information to the Atlanta office of the American Civil Liberties Union (ACLU) for their perusal. Hopefully, we will be able to legally press forward with class-action litigation on behalf of all airline employees nationwide. Finally, my situation has drawn the attention the U.S. print media, attorneys, and other concerned politicians. We didn’t make this a political issue, Bush did. His game, we’re just playing along with his game… by our legal rules.
I have tried in vain for several years since 9/11 to keep these matters out of the public domain. I no longer care; the information is already out there. I personally feel that there are other airline employees in the system that have similarly been gagged and have a story to tell. We need a legal outlet and subpoena power. We’re going to get it.
There has been absolutely NO White House support for the commercial airline employees since 9/11 other than Bush photo-opping in between United and American jets at O’Hare shortly after that horrific event trying to convince the traveling public to climb back onboard airplanes because the “system is safe”. The mythical post-9/11 ATSB loan guarantees were carrots dangled before employees of financially distressed (unionized) air carriers in a blatant ploy by this administration, in collusion with the banks and airline management, to extract massive wage and contract concessions from employees and ultimately drive carriers into Chapter 11 bankruptcy where unions had no leverage thereby enabling the distress-termination of defined-benefit pension plans. It was (and still is) union busting through what appears to be the collusive efforts of the White House, financial institutions, and airline management. There are federal laws that preclude this type of activity and we intend to prove in a federal court of law that they were violated.
There was $10-billion in ATSB loan guarantees authorized under the post-9/11 program. Only $1.2-billion was let. Any ideas here… anyone? .
In essence, these unlawful, immoral acts bailed the airline industry out on the financial backs of the very honest, hard working, and courageous aircrew members (who willingly climbed back onboard jets in the unsafe post-9/11 flight environment) and other airline employees. These acts against workers were unconscionable and the truth must be brought to public attention by any and all means available. It shall.
Many aircrew members agree that the U.S. commercial airline security system, under the Department of Homeland Security, is grossly under funded and a farce; it’s mainly used as window dressing to keep the system going. For security reasons, I will not address the obvious. The illegal Iraq invasion increased the security threat to U.S. commercial jet aircraft. (The only reasonable alternative explanation for our careless and reckless ignorance of blatant security frailties is if 9/11 didn’t really go down as the American public was made to believe, but I’m not a proponent of conspiracy theories, so I’ll dismiss this spooky, politically motivated notion).
President Bush, Karl Rove, and the GOP have publicly announced that they are collectively going to embrace ‘security’ as the cornerstone of the GOP political platform in the upcoming midterm congressional elections. In light of the aforementioned sorry state of aviation security systems, this political ploy would be laughable if it weren’t so damned pathetic! Since the events of 9/11 have been wrongfully and immorally employed for political and financial advantage by this White House and the GOP in bankruptcy court to destroy unionism, contracts, and pensions, there are many airline employees who intend to preclude this administration from using ‘security’ as a political reelection issue. Your boss may have played politics with other peoples’ lives with this issue in the past…not this time.
After Enron, you will all agree that we ALL deplore white-collar criminal activity. Our association (The Whistle Blowing United Pilots’ Assn) feels very strongly that the criminal activity of Enron pales in comparison to what may have occurred criminally within the post-9/11 airline industry. We aim to prove criminal activity occurred through the illegal collusive efforts of many, and we WILL, with or without the assistance of the Departments of Justice, Transportation, and/or Homeland Security.
As was exemplified by the legal proceedings of Enron, Jack Abramoff, Randy Cunningham, Tom DeLay, and others, the powers of subpoena and plea-bargaining brings forth those weak, characterless, disloyal individuals who helped perpetrate these crimes. Our association intends to rout out the spineless government and corporate weasels that stooped so low as to exploit 9/11 for political and financial gain. With truth and justice on our side, we will be successful. Won’t you join us in our honest crusade?
You are hereby advised of our plight and our efforts. If DOJ, DOT, and DHS are disinterested in our investigation, that is acceptable, although not understandable, to us. However, you must be forewarned, we will be successful in discovering the truth and serving justice and then will be calling on your good offices to explain your apathetic behavior towards our just and noble cause.
Very truly yours,
Dan
Dan Hanley
**********************************
Whistleblowing United Pilots Association
“Patriotism and Freedom of Speech in Action”
January 25, 2009
Mr. Calvin L. Scovel
DOT Inspector General
P.O. Box 708
Fredricksburg, Va 22404
SUBJ: FAA WHISTLEBLOWER REPORT SUBMISSION
Dear Mr. Scovel,
On April 9, 2006, I submitted an electronic FAA Whistle Blower Report regarding my alleged unlawful termination as a United Airlines B-777 captain on December 30, 2003. I did not receive any response from the FAA regarding this report. Additionally, because subsequent additional criminal evidence had surfaced that supported these same assertions, as well as other criminal matters, as public spokesperson for a grassroots airline effort called the 'Whistleblowing United Pilots Association', on April 12, 2006 I sent the attached letter to then AG Gonzales, DOT Mineta, and DHS Chertoff petitioning their support of our just and noble quest for justice. Both AG Gonzales' and DHS Chertoff's office staff deferred to DOT in a timely manner. Mr. Mineta's office did not even bother to respond to the letter. (see attached)
On October 18, 2007, I filed for whistle blower protection under the auspices of the Sarbanes-Oxley Act of 2002, which included a sworn affidavit that among other issues, addressed my alleged wrongful termination from the employ of United Airlines as a captain.
On February 14, 2008, I filed a federal complaint (complaint # 2008-9580) with the office of the FBI in Chicago, Illinois pending forthcoming evidence and witness testimony on this and other relevant issues. Additionally, our association had petitioned numerous relevant congressional committee chairs, as well as key staff members within the Department of Justice for assistance in these matters.
Today, the Government Accountability Project office transmitted the attached letter petitioning President Obama to move forward with pending enhanced whistle blower protection legislation. You will note that my name/association appear as signatory toward the bottom of this document. It is because of my past abuse as a whistle blower on numerous counts, as well as the thousands of other unheard informants, that I strongly support passage of this legislation.
When an individual who believes he is protected under federal whistle blower law, musters the courage to speak out on potential federal criminal matters only to discover that the protective covenants he/she believe afforded said protection does not actually exist, then it is too late. Thus was the case with my issues on numerous counts. It isn't right.
My reason for writing to your office is thus. Request is hereby made for the Department of Transportation to provide me with a certified copy of the previously filed FAA Whistle Blower Report transmitted to your office on April 9, 2006 for submission as evidence in a potential federal criminal case in the near future. Although not critically essential due to the availability of witnesses and other supporting evidence, it is hoped that your office might expeditiously accommodate this request due to the past unresponsiveness of the Department of Transportation and the Federal Aviation Administration concerning this matter. Please be advised that I have witnesses who will attest to the my transmission of said report.
Also, be informed that I am not personally seeking compensatory damages in this case, but to help others uncover potential federal criminality in the airline industry. It has been our desire to keep these legal matters out of the public domain and we intend to continue do so presently. The truth will eventually be told to the travelling public by other means if required.
If you have any further questions regarding this matter, I may be reached at 678-463-4390. My home address is 4204 Lakeside Way, Newnan, Georgia 30265. Your cooperation and assistance in this matter is sincerely appreciated. A certified hard-copy of this letter will be forthcoming via USPS.
Very respectfully submitted,
Dan Hanley
cc: Robert Mueller - FBI Director
Robert Grant - Chicago FBI Special Agent-in-Charge
Merri Jo Gillette - Chicago SEC Regional Director
Tom Devine - Government Accountability Project Legal Director
Shanna Devine - Government Accountability Project Legislative Campaign Assistant
Members of the Whistleblowing United Pilots Association
The Honorable Alberto R. Gonzales
United States Attorney General
U.S. Department of Justice
9500 Pennsylvania Avenue
Washington, D.C. 20530
The Honorable Norman Y. Mineta
U.S. Department of Transportation
400 7th Street, S.W.
Washington, D.C. 20590
The Honorable Michael J. Chertoff
U.S. Department of Homeland Security
Washington, D.C. 20528
SUBJ: WHISTLE BLOWING UNITED PILOTS’ ASSOCIATION
Gentlemen,
I shouldn’t have to waste our time writing this letter to you, but I chose to do so out of courtesy and desperation. I am a 57-year old, medically disabled United Airlines B-777 Captain who attempted to whistle blow on security frailties and possible criminal wrongdoing in the post-9/11 flight environment. I contend that I was gagged and was medically grounded directly as a result of my honest actions.
It is my assertion that possibly federal aviation laws and RICO statutes (attempted union-busting) were violated in this stifling process. I have witnesses available who would willingly provide sworn testimony, as well as supporting evidence in the form of incriminating correspondence, reports, and digitally recorded phone conversations between myself and United Airlines and the Air Line Pilots Association (ALPA) management to back my claims of federal criminal wrongdoings.
It is herein that I openly state my honest intent to provide this and other evidence currently being amassed by the subject association to a federal prosecutor for further investigation by federal authorities. I believe that you will all agree that failure to act on our part would be a crime in, and of, itself.
Currently, within the active employee and retiree ranks of United Airlines (and the other major airlines), there is a legal, collusive attempt by an army of dedicated employees (independent of any union) to funnel critical pieces of legal evidence to appropriate legal channels and the media for analysis and publication.
To date, I personally have recently submitted (electronically) a report of these matters to the Federal Aviation Administration via the FAA Whistle Blower Protection Program and am awaiting a response. Additionally, I have forwarded the same information to the Atlanta office of the American Civil Liberties Union (ACLU) for their perusal. Hopefully, we will be able to legally press forward with class-action litigation on behalf of all airline employees nationwide. Finally, my situation has drawn the attention the U.S. print media, attorneys, and other concerned politicians. We didn’t make this a political issue, Bush did. His game, we’re just playing along with his game… by our legal rules.
I have tried in vain for several years since 9/11 to keep these matters out of the public domain. I no longer care; the information is already out there. I personally feel that there are other airline employees in the system that have similarly been gagged and have a story to tell. We need a legal outlet and subpoena power. We’re going to get it.
There has been absolutely NO White House support for the commercial airline employees since 9/11 other than Bush photo-opping in between United and American jets at O’Hare shortly after that horrific event trying to convince the traveling public to climb back onboard airplanes because the “system is safe”. The mythical post-9/11 ATSB loan guarantees were carrots dangled before employees of financially distressed (unionized) air carriers in a blatant ploy by this administration, in collusion with the banks and airline management, to extract massive wage and contract concessions from employees and ultimately drive carriers into Chapter 11 bankruptcy where unions had no leverage thereby enabling the distress-termination of defined-benefit pension plans. It was (and still is) union busting through what appears to be the collusive efforts of the White House, financial institutions, and airline management. There are federal laws that preclude this type of activity and we intend to prove in a federal court of law that they were violated.
There was $10-billion in ATSB loan guarantees authorized under the post-9/11 program. Only $1.2-billion was let. Any ideas here… anyone? .
In essence, these unlawful, immoral acts bailed the airline industry out on the financial backs of the very honest, hard working, and courageous aircrew members (who willingly climbed back onboard jets in the unsafe post-9/11 flight environment) and other airline employees. These acts against workers were unconscionable and the truth must be brought to public attention by any and all means available. It shall.
Many aircrew members agree that the U.S. commercial airline security system, under the Department of Homeland Security, is grossly under funded and a farce; it’s mainly used as window dressing to keep the system going. For security reasons, I will not address the obvious. The illegal Iraq invasion increased the security threat to U.S. commercial jet aircraft. (The only reasonable alternative explanation for our careless and reckless ignorance of blatant security frailties is if 9/11 didn’t really go down as the American public was made to believe, but I’m not a proponent of conspiracy theories, so I’ll dismiss this spooky, politically motivated notion).
President Bush, Karl Rove, and the GOP have publicly announced that they are collectively going to embrace ‘security’ as the cornerstone of the GOP political platform in the upcoming midterm congressional elections. In light of the aforementioned sorry state of aviation security systems, this political ploy would be laughable if it weren’t so damned pathetic! Since the events of 9/11 have been wrongfully and immorally employed for political and financial advantage by this White House and the GOP in bankruptcy court to destroy unionism, contracts, and pensions, there are many airline employees who intend to preclude this administration from using ‘security’ as a political reelection issue. Your boss may have played politics with other peoples’ lives with this issue in the past…not this time.
After Enron, you will all agree that we ALL deplore white-collar criminal activity. Our association (The Whistle Blowing United Pilots’ Assn) feels very strongly that the criminal activity of Enron pales in comparison to what may have occurred criminally within the post-9/11 airline industry. We aim to prove criminal activity occurred through the illegal collusive efforts of many, and we WILL, with or without the assistance of the Departments of Justice, Transportation, and/or Homeland Security.
As was exemplified by the legal proceedings of Enron, Jack Abramoff, Randy Cunningham, Tom DeLay, and others, the powers of subpoena and plea-bargaining brings forth those weak, characterless, disloyal individuals who helped perpetrate these crimes. Our association intends to rout out the spineless government and corporate weasels that stooped so low as to exploit 9/11 for political and financial gain. With truth and justice on our side, we will be successful. Won’t you join us in our honest crusade?
You are hereby advised of our plight and our efforts. If DOJ, DOT, and DHS are disinterested in our investigation, that is acceptable, although not understandable, to us. However, you must be forewarned, we will be successful in discovering the truth and serving justice and then will be calling on your good offices to explain your apathetic behavior towards our just and noble cause.
Very truly yours,
Dan
Dan Hanley
**********************************
Whistleblowing United Pilots Association
“Patriotism and Freedom of Speech in Action”
January 25, 2009
Mr. Calvin L. Scovel
DOT Inspector General
P.O. Box 708
Fredricksburg, Va 22404
SUBJ: FAA WHISTLEBLOWER REPORT SUBMISSION
Dear Mr. Scovel,
On April 9, 2006, I submitted an electronic FAA Whistle Blower Report regarding my alleged unlawful termination as a United Airlines B-777 captain on December 30, 2003. I did not receive any response from the FAA regarding this report. Additionally, because subsequent additional criminal evidence had surfaced that supported these same assertions, as well as other criminal matters, as public spokesperson for a grassroots airline effort called the 'Whistleblowing United Pilots Association', on April 12, 2006 I sent the attached letter to then AG Gonzales, DOT Mineta, and DHS Chertoff petitioning their support of our just and noble quest for justice. Both AG Gonzales' and DHS Chertoff's office staff deferred to DOT in a timely manner. Mr. Mineta's office did not even bother to respond to the letter. (see attached)
On October 18, 2007, I filed for whistle blower protection under the auspices of the Sarbanes-Oxley Act of 2002, which included a sworn affidavit that among other issues, addressed my alleged wrongful termination from the employ of United Airlines as a captain.
On February 14, 2008, I filed a federal complaint (complaint # 2008-9580) with the office of the FBI in Chicago, Illinois pending forthcoming evidence and witness testimony on this and other relevant issues. Additionally, our association had petitioned numerous relevant congressional committee chairs, as well as key staff members within the Department of Justice for assistance in these matters.
Today, the Government Accountability Project office transmitted the attached letter petitioning President Obama to move forward with pending enhanced whistle blower protection legislation. You will note that my name/association appear as signatory toward the bottom of this document. It is because of my past abuse as a whistle blower on numerous counts, as well as the thousands of other unheard informants, that I strongly support passage of this legislation.
When an individual who believes he is protected under federal whistle blower law, musters the courage to speak out on potential federal criminal matters only to discover that the protective covenants he/she believe afforded said protection does not actually exist, then it is too late. Thus was the case with my issues on numerous counts. It isn't right.
My reason for writing to your office is thus. Request is hereby made for the Department of Transportation to provide me with a certified copy of the previously filed FAA Whistle Blower Report transmitted to your office on April 9, 2006 for submission as evidence in a potential federal criminal case in the near future. Although not critically essential due to the availability of witnesses and other supporting evidence, it is hoped that your office might expeditiously accommodate this request due to the past unresponsiveness of the Department of Transportation and the Federal Aviation Administration concerning this matter. Please be advised that I have witnesses who will attest to the my transmission of said report.
Also, be informed that I am not personally seeking compensatory damages in this case, but to help others uncover potential federal criminality in the airline industry. It has been our desire to keep these legal matters out of the public domain and we intend to continue do so presently. The truth will eventually be told to the travelling public by other means if required.
If you have any further questions regarding this matter, I may be reached at 678-463-4390. My home address is 4204 Lakeside Way, Newnan, Georgia 30265. Your cooperation and assistance in this matter is sincerely appreciated. A certified hard-copy of this letter will be forthcoming via USPS.
Very respectfully submitted,
Dan Hanley
cc: Robert Mueller - FBI Director
Robert Grant - Chicago FBI Special Agent-in-Charge
Merri Jo Gillette - Chicago SEC Regional Director
Tom Devine - Government Accountability Project Legal Director
Shanna Devine - Government Accountability Project Legislative Campaign Assistant
Members of the Whistleblowing United Pilots Association
October 19, 2007
Senator Patrick Leahy
Chairman – Senate Judiciary Committee
433 Russell Senate Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Senator Leahy,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the Senate Judiciary Committee, if is for this reason that I am writing you today.
In January 2007, I had written your office advising that alleged criminal activity might have occurred during the United Airlines bankruptcy including possible criminal collusion and judicial corruption, which resulted in billions of dollars in employee concessions, the loss of pensions and company control through the Employee Stock Ownership Program (ESOP). To date, the Department of Justice has not responded to our petition to investigate these matters, nor have they thus far provided the requisite witness protection/immunity to prosecute these alleged crimes.
There presently exists strong evidence that supports allegations of judicial corruption in the United Airlines bankruptcy. U.S. citizens must rely on the Department of Justice and Congress to investigate matters concerning possible judicial corruption. It is within your domain of authority to do so.
Additionally, I have petitioned the office of Congressman Conyers to commence a criminal investigation given the evidence at hand. As there are other possible crimes that may have been committed involving possible White House collusion, pension termination, fraudulent government application processes, and other criminal activities, I have asked the offices of Senator Kennedy and Congressman Miller and Waxman to intercede on our behalf.
Under the Sarbanes-Oxley Act, it is hereby requested that federal witness protection and immunity from prosecution as well as other legal and physical protections be granted to myself and my family, former CEO and Chairman of McCook Metal LLC Michael Lynch and his family, and all other criminal informants and their families who are willing to come forth and provide honest testimony regarding these issues.
The congressional committee powers of subpoena is warranted and authorized by law in this instance. Since the Department of Justice has shown no concern in addressing serious criminal allegations in the United Airlines bankruptcy, it is requested, on behalf of tens-of-thousands of financially disenfranchised United Airlines employees and retirees, that you exercise your Congressional powers as Senate Judiciary Chairman in upholding the law and our constitutional rights as U.S. citizens. I know that you will do what is right. Thank you so much for your consideration and help in this matter.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Congressman Miller
Congressman Waxman
Congressman Conyers
Congressman Westmoreland
*************************************
October 19, 2007
Congressman Henry Waxman
Chairman – Government Oversight Committee
2204 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Waxman,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the House Oversight Committee, it is for this reason I am writing you today.
In November 2006, I had written your office advising that alleged criminal activity might have occurred during the United Airlines bankruptcy including possible criminal collusion and judicial corruption, which resulted in billions of dollars in employee concessions, the loss of employee pensions and company control through the Employee Stock Ownership Program (ESOP). To date, the Department of Justice has not responded to our petition to investigate these matters, nor have they thus far provided the requisite witness protection/immunity to prosecute these alleged crimes.
Since last fall, I have been in phone contact with your staff member, Matt Siegler, who has been kept apprised of these matters and has been most cooperative and helpful. Recently surfaced evidence indicates possible fraudulent activity involving United Airlines post-9/11 application for a government loan guarantee authorized through the Airline Transportation Stabilization Act and must be investigated.
Additionally, an investigation must be conducted as to why one of the three voting members of the ATSB, Treasury Under Secretary Brian Roseburo, voted in against the wishes of Secretary of Treasury John Snow who was prepared to vote in favor of the loan guarantee for United Airlines. The appointment of Baker-Botts attorney Kirk Van Tine to this board raises questions as well.
Under the Act, Congress authorized $10-billion in loan guarantees to financially distressed post-9/11 air carriers and only $1.5-billion was let. United Airlines lost two aircraft that fateful day and employees had already financially conceded in a large way to help survive the airline. The ATSB further demanded $10-billion in
concessions before the loan application would be approved. With the denial of the monies, United Airlines filed Chapter 11 bankruptcy. An investigation must be conducted to determine the rational of ATSB Chairman Eddie Gramlish’s financial standards imposed to qualify for the loan guarantees. In conjunction with this, the evidence that has been produced, which indicates a fraudulent loan application must be criminally investigated.
As Chairman of the Government Oversight Committee, you have the authority to initiate a congressional investigation into these matters. I have contacted the offices of Senator Kennedy and Leahy and Congressmen Miller and Conyers on other related allegedly criminal pension and judicial corruption issues in the United Airlines bankruptcy.
There were tens-of-thousands of financially disenfranchised United Airlines employees and retirees as a result of these potentially criminal acts that may have included collusion between this administration and the senior level management at United. It is incumbent on government to serve the citizens of this country while demanding an honest system of government and justice. It is for these reasons that I implore you to exercise your congressional authority in investigating these matters. Your interest and concern is greatly appreciated.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Senator Leahy
Congressman Conyers
Congressman Miller
Congressman Westmoreland
********************************
October 19, 2007
Congressman John Conyers, Jr.
Chairman – House Judiciary Committee
2426 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Conyers,
On October 18, 2007, I invoked the rights, privileges, and protections under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the House Judiciary Committee, it is for this reason that I am writing you today.
There presently exists strong supporting evidence to allegations of judicial corruption in the United Airlines bankruptcy that has not, as yet, been investigated by the Department of Justice, nor have they provided the requisite witness protection/immunity from prosecution in these potentially criminal matters.
It is for this reason that I petition your committee to commence an independent congressional investigation given the evidence at hand. I have contacted Senator Leahy on these issues as well. Since there is also evidence that suggests possible White House collusion, violation of ERISA laws, fraudulent application processes, and other matters in the bankruptcy, I have contacted the offices of Senator Kennedy and Congressmen Waxman and Miller as well.
Under the provisions of the Sarbanes-Oxley Act, it is hereby requested that witness protection and immunity from prosecution as well as other legal and physical protections be granted to my family and myself, former CEO and Chairman of McCook Metals LLC Michael Lynch and his family, and all other criminal informant who are willing to come forth and provide evidence and honest testimony in this case.
The congressional committee powers of subpoena is warranted and authorized by law in this instance. Since the Department of Justice has shown no concern in addressing serious criminal allegations in the United Airlines bankruptcy, it is requested, on behalf of tens-of-thousands of financially disenfranchised United Airlines employees and retirees, that you exercise your congressional powers as House Judiciary Chairman in upholding the law and our constitutional rights as U.S. citizens.
Thank you so very much for your honorable and patriotic service to our nation for so many years as a U.S. Congressman. There are thousands who are counting on you for support in this legal and political effort.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Leahy
Senator Kennedy
Congressman Waxman
Congressman Miller
Congressman Westmoreland
******************************
October 19, 2007
Congressman George Miller Chairman – Committee on Labor and Pensions
2205 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Miller,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the Committee on Labor and Pensions, it is for this reason I am writing you today.
In February 2007, I wrote your office regarding possible federal criminal activity involving the distress-termination of United Airline employee pension while the airline was in Chapter 11 bankruptcy. At the time, I had requested that your staff commence an investigation into these matters. Recently surfaced evidence suggests the possibility of fraudulent PBGC activity in the termination process, which includes a possible conflict of interest, fraudulent deceit, possible violations of ERISA laws, nondisclosure of a valuable financial asset during the bankruptcy, and alleged judicial corruption.
As Chairman of the House Committee on Labor and Pensions, you have the authority to investigate some of these matters. I have contacted the offices of Senators Kennedy and Leahy as well as Congressmen Waxman and Conyers on other related allegedly criminal pension and judicial corruption issues in the United Airlines bankruptcy.
There were tens-of-thousands of financially disenfranchised United Airline employees and retirees as a result of these potentially criminal acts that may have included illegal collusion between this administration and senior level management at United Airlines. Realizing your exclusion in committee hearings regarding last years pension legislation, you are now in a position as Committee Chairman to exercise your oversight authority in addressing these issues.
It is herein petitioned, on behalf of the United Airlines workers and retirees, that you initiate a congressional investigation in these matters. I will await your response with the knowledge of your belief in doing what is honest and just for the citizens that you serve as a U.S. Congressman and Chairman of your committee. Thank you for your consideration and help.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Senator Leahy
Congressman Waxman
Congressman Conyers
Congressman Westmoreland
*************************************
October 25, 2007
Senator Carl Levin
Chairman – Senate Permanent Subcommittee on Investigations
199 Russell Senate Office Building
Washington, D.C. 20510-2202
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Senator Levin,
On November 26, 2006, I wrote the enclosed letter to you on behalf of the subject association, imploring your political intercession in the investigation of possible white-collar criminal corruption in matters surrounding the post-9/11 bankruptcy of United Airlines. A close review of the enclosed correspondence will further describe the exhaustive measures employed in writing to other relevant political and law enforcement officials in petitioning them to fulfill the obligations and responsibilities of their offices. As you will notice, we have run the full gamut; this should not have been necessary for ordinary citizens to investigate potential federal criminal wrongdoing.
As evidenced by the recent Attorney General Gonzales hearings, our system of justice and government is broken and in dire need of repair. It is for this reason that I once again call upon your good office to assist in this regard. The employees and retirees of United Airlines were sorely disenfranchised before and during the bankruptcy process. Evidence exists of criminal wrongdoing that has not been investigated by appropriate oversight authority. Like so many other American citizens, the men and women of the subject association no longer trust this administration to do what is right, good, and just for the tax-payers who support them. Please do not allow our plea to fall, yet another time, on deaf ears.
Recognizing that you spearheaded the in-depth examination and analysis into the collapse of Enron, which led to the enactment of the Sarbanes-Oxley Act of 2002, coupled with your introduction and passage of the Whistleblower Protection Act, are the reasons that I am writing you today.
In addition to existing evidence that strongly supports allegations of judicial corruption in the United Airlines/McCook Metals LLC bankruptcies, recently surfaced evidence was uncovered by another grassroots organization which implicitly suggests possible White House collusion, fraudulent accounting practices, securities fraud, nondisclosure of certain financial assets during the bankruptcy, fraudulent government loan application processes, questionable abidance with the requisite corporate governance provisions of Sarbanes-Oxley, a government appointee which involves a conflict of interest, and potentially illegal transactions between United Airlines and the Pension Benefit Guarantee Corporation (PBGC) in the distress-termination of defined-benefit employee pensions.
Grassroots groups should not have had to uncover such evidence with the Sarbanes-Oxley Act establishment of the Public Company Oversight Accounting Board (PCOAB), which should have detected the possible criminal activity sited above. Nor should grassroots have to beg law enforcement intervention in these matters, including federal witness protection and immunity for informants who hold valuable information on these crimes.
It is for these reasons, after nearly four years of frustrating attempts to help expose possible criminal wrongdoing in the United Airlines bankruptcy, that I resorted to the drastic measure of legally embracing the rights, responsibilities and protections afforded by the Sarbanes-Oxley Act of 2002 in declaring, yet another time, myself to be a federal whistleblower.
On October 18, 2007, I wrote the enclosed letter to Securities and Exchange Commission Chairman Christopher Cox declaring the same while citing relevant Titles of the Act requiring investigation. It is a significant challenge requiring a great leap of faith to believe that a thorough examination of these issues will be performed by this federal agency in a just and equitable manner given the past performance and shortcomings of the Commission. It is for this reason that I petition your office to initiate an independent investigation through political collusion with the Committees of Senators Leahy and Kennedy and Congressmen Conyers, Waxman, and Miller.
The truth must be exposed and criminal justice served on the selfish white-collar criminals who perpetrated these crimes against the honest and hard-working employees of United Airlines who, in the post-9/11 era, were willing to give the shirt off their backs to help survive the airline and the industry. In the end, they gave much, much more. I will close this letter as I did my last letter to you.
Help me, Senator. Get me out of my present dilemma; I shouldn’t be here.
Very Respectfully,
Dan Hanley
Encl: My letter to you dated November 26, 2006
Letter dated October 18, 2007 to SEC Chairman Christopher Cox
Signed and sworn affidavit by Daniel W. Hanley dtd October 25, 2007
Ltr dated April 12, 2006 to DOJ Gonzales, DOT Mineta, and DHS Chertoff
Letter dated November 13, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated January 25, 2007 to Senator Patrick Leahy
Letter dated January 25, 2007 to Congressman John Conyers, Jr.
Letter dated February 1, 2007 to Senator Ted Kennedy
Letter dated February 1, 2007 to Congressman George Miller
Letter dated April 1, 2007 to Chicago FBI Director Robert Grant
Letter dated September 1, 2007 to Asst Attorney General Alice Fisher
Letter dated September 3, 2007 to Senator Daniel Akaka
Letter dated October 24, 2007 to Senator Ted Kennedy
Letter dated October 24, 2007 to Senator Patrick Leahy
Letter dated October 24, 2007 to Congressman Henry Waxman
Letter dated October 24, 2007 to Congressman John Conyers, Jr.
Letter dated October 24, 2007 to Congressman George Miller
Letter dated October 24, 2007 to Ms. Joan Currie-Leonard
Report dated March 18, 2004 of Examiner Ross O. Silverman
Cc: Members of Permanent Subcommittee on Investigations:
Senator Thomas Carper (D-DE)
Senator Mark Pryor (D-AR)
Senator Barak Obama (D-IL)
Senator Claire McCaskill (D-MO)
Senator Jon Tester (D-MT)
Senator Norm Coleman (R-MN)
Senator Tom Coburn (R-OK)
Senator Pete Domenici (R-NM)
Senator John Warner (R-VA)
Senator John Sununu (R-NH)
Senator Ted Kennedy – Chairman, Senate Committee on Pensions & Labor
Senator Patrick Leahy – Chairman, Senate Judiciary Committee
Congressman Henry Waxman – Chairman, Government Oversight Cmte
Congressman George Miller – Chairman, House Cmte on Pensions & Labor
Congressman John Conyers, Jr. – Chairman, House Judiciary Committee
Senator Patrick Leahy
Chairman – Senate Judiciary Committee
433 Russell Senate Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Senator Leahy,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the Senate Judiciary Committee, if is for this reason that I am writing you today.
In January 2007, I had written your office advising that alleged criminal activity might have occurred during the United Airlines bankruptcy including possible criminal collusion and judicial corruption, which resulted in billions of dollars in employee concessions, the loss of pensions and company control through the Employee Stock Ownership Program (ESOP). To date, the Department of Justice has not responded to our petition to investigate these matters, nor have they thus far provided the requisite witness protection/immunity to prosecute these alleged crimes.
There presently exists strong evidence that supports allegations of judicial corruption in the United Airlines bankruptcy. U.S. citizens must rely on the Department of Justice and Congress to investigate matters concerning possible judicial corruption. It is within your domain of authority to do so.
Additionally, I have petitioned the office of Congressman Conyers to commence a criminal investigation given the evidence at hand. As there are other possible crimes that may have been committed involving possible White House collusion, pension termination, fraudulent government application processes, and other criminal activities, I have asked the offices of Senator Kennedy and Congressman Miller and Waxman to intercede on our behalf.
Under the Sarbanes-Oxley Act, it is hereby requested that federal witness protection and immunity from prosecution as well as other legal and physical protections be granted to myself and my family, former CEO and Chairman of McCook Metal LLC Michael Lynch and his family, and all other criminal informants and their families who are willing to come forth and provide honest testimony regarding these issues.
The congressional committee powers of subpoena is warranted and authorized by law in this instance. Since the Department of Justice has shown no concern in addressing serious criminal allegations in the United Airlines bankruptcy, it is requested, on behalf of tens-of-thousands of financially disenfranchised United Airlines employees and retirees, that you exercise your Congressional powers as Senate Judiciary Chairman in upholding the law and our constitutional rights as U.S. citizens. I know that you will do what is right. Thank you so much for your consideration and help in this matter.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Congressman Miller
Congressman Waxman
Congressman Conyers
Congressman Westmoreland
*************************************
October 19, 2007
Congressman Henry Waxman
Chairman – Government Oversight Committee
2204 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Waxman,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the House Oversight Committee, it is for this reason I am writing you today.
In November 2006, I had written your office advising that alleged criminal activity might have occurred during the United Airlines bankruptcy including possible criminal collusion and judicial corruption, which resulted in billions of dollars in employee concessions, the loss of employee pensions and company control through the Employee Stock Ownership Program (ESOP). To date, the Department of Justice has not responded to our petition to investigate these matters, nor have they thus far provided the requisite witness protection/immunity to prosecute these alleged crimes.
Since last fall, I have been in phone contact with your staff member, Matt Siegler, who has been kept apprised of these matters and has been most cooperative and helpful. Recently surfaced evidence indicates possible fraudulent activity involving United Airlines post-9/11 application for a government loan guarantee authorized through the Airline Transportation Stabilization Act and must be investigated.
Additionally, an investigation must be conducted as to why one of the three voting members of the ATSB, Treasury Under Secretary Brian Roseburo, voted in against the wishes of Secretary of Treasury John Snow who was prepared to vote in favor of the loan guarantee for United Airlines. The appointment of Baker-Botts attorney Kirk Van Tine to this board raises questions as well.
Under the Act, Congress authorized $10-billion in loan guarantees to financially distressed post-9/11 air carriers and only $1.5-billion was let. United Airlines lost two aircraft that fateful day and employees had already financially conceded in a large way to help survive the airline. The ATSB further demanded $10-billion in
concessions before the loan application would be approved. With the denial of the monies, United Airlines filed Chapter 11 bankruptcy. An investigation must be conducted to determine the rational of ATSB Chairman Eddie Gramlish’s financial standards imposed to qualify for the loan guarantees. In conjunction with this, the evidence that has been produced, which indicates a fraudulent loan application must be criminally investigated.
As Chairman of the Government Oversight Committee, you have the authority to initiate a congressional investigation into these matters. I have contacted the offices of Senator Kennedy and Leahy and Congressmen Miller and Conyers on other related allegedly criminal pension and judicial corruption issues in the United Airlines bankruptcy.
There were tens-of-thousands of financially disenfranchised United Airlines employees and retirees as a result of these potentially criminal acts that may have included collusion between this administration and the senior level management at United. It is incumbent on government to serve the citizens of this country while demanding an honest system of government and justice. It is for these reasons that I implore you to exercise your congressional authority in investigating these matters. Your interest and concern is greatly appreciated.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Senator Leahy
Congressman Conyers
Congressman Miller
Congressman Westmoreland
********************************
October 19, 2007
Congressman John Conyers, Jr.
Chairman – House Judiciary Committee
2426 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Conyers,
On October 18, 2007, I invoked the rights, privileges, and protections under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the House Judiciary Committee, it is for this reason that I am writing you today.
There presently exists strong supporting evidence to allegations of judicial corruption in the United Airlines bankruptcy that has not, as yet, been investigated by the Department of Justice, nor have they provided the requisite witness protection/immunity from prosecution in these potentially criminal matters.
It is for this reason that I petition your committee to commence an independent congressional investigation given the evidence at hand. I have contacted Senator Leahy on these issues as well. Since there is also evidence that suggests possible White House collusion, violation of ERISA laws, fraudulent application processes, and other matters in the bankruptcy, I have contacted the offices of Senator Kennedy and Congressmen Waxman and Miller as well.
Under the provisions of the Sarbanes-Oxley Act, it is hereby requested that witness protection and immunity from prosecution as well as other legal and physical protections be granted to my family and myself, former CEO and Chairman of McCook Metals LLC Michael Lynch and his family, and all other criminal informant who are willing to come forth and provide evidence and honest testimony in this case.
The congressional committee powers of subpoena is warranted and authorized by law in this instance. Since the Department of Justice has shown no concern in addressing serious criminal allegations in the United Airlines bankruptcy, it is requested, on behalf of tens-of-thousands of financially disenfranchised United Airlines employees and retirees, that you exercise your congressional powers as House Judiciary Chairman in upholding the law and our constitutional rights as U.S. citizens.
Thank you so very much for your honorable and patriotic service to our nation for so many years as a U.S. Congressman. There are thousands who are counting on you for support in this legal and political effort.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Miller
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Leahy
Senator Kennedy
Congressman Waxman
Congressman Miller
Congressman Westmoreland
******************************
October 19, 2007
Congressman George Miller Chairman – Committee on Labor and Pensions
2205 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Congressman Miller,
On October 18, 2007, I invoked the rights, privileges, and protections afforded under the Sarbanes-Oxley Act of 2002 in declaring myself a federal whistleblower. In addition to your Chairmanship of the Committee on Labor and Pensions, it is for this reason I am writing you today.
In February 2007, I wrote your office regarding possible federal criminal activity involving the distress-termination of United Airline employee pension while the airline was in Chapter 11 bankruptcy. At the time, I had requested that your staff commence an investigation into these matters. Recently surfaced evidence suggests the possibility of fraudulent PBGC activity in the termination process, which includes a possible conflict of interest, fraudulent deceit, possible violations of ERISA laws, nondisclosure of a valuable financial asset during the bankruptcy, and alleged judicial corruption.
As Chairman of the House Committee on Labor and Pensions, you have the authority to investigate some of these matters. I have contacted the offices of Senators Kennedy and Leahy as well as Congressmen Waxman and Conyers on other related allegedly criminal pension and judicial corruption issues in the United Airlines bankruptcy.
There were tens-of-thousands of financially disenfranchised United Airline employees and retirees as a result of these potentially criminal acts that may have included illegal collusion between this administration and senior level management at United Airlines. Realizing your exclusion in committee hearings regarding last years pension legislation, you are now in a position as Committee Chairman to exercise your oversight authority in addressing these issues.
It is herein petitioned, on behalf of the United Airlines workers and retirees, that you initiate a congressional investigation in these matters. I will await your response with the knowledge of your belief in doing what is honest and just for the citizens that you serve as a U.S. Congressman and Chairman of your committee. Thank you for your consideration and help.
Very Respectfully,
Dan Hanley
Encl: Letter dated October 19, 2007 to Senator Kennedy
Letter dated October 19, 2007 to Senator Leahy
Letter dated October 19, 2007 to Congressman Waxman
Letter dated October 19, 2007 to Congressman Conyers
Letter dated October 19, 2007 to Congressman Westmoreland
Cc: Senator Kennedy
Senator Leahy
Congressman Waxman
Congressman Conyers
Congressman Westmoreland
*************************************
October 25, 2007
Senator Carl Levin
Chairman – Senate Permanent Subcommittee on Investigations
199 Russell Senate Office Building
Washington, D.C. 20510-2202
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Senator Levin,
On November 26, 2006, I wrote the enclosed letter to you on behalf of the subject association, imploring your political intercession in the investigation of possible white-collar criminal corruption in matters surrounding the post-9/11 bankruptcy of United Airlines. A close review of the enclosed correspondence will further describe the exhaustive measures employed in writing to other relevant political and law enforcement officials in petitioning them to fulfill the obligations and responsibilities of their offices. As you will notice, we have run the full gamut; this should not have been necessary for ordinary citizens to investigate potential federal criminal wrongdoing.
As evidenced by the recent Attorney General Gonzales hearings, our system of justice and government is broken and in dire need of repair. It is for this reason that I once again call upon your good office to assist in this regard. The employees and retirees of United Airlines were sorely disenfranchised before and during the bankruptcy process. Evidence exists of criminal wrongdoing that has not been investigated by appropriate oversight authority. Like so many other American citizens, the men and women of the subject association no longer trust this administration to do what is right, good, and just for the tax-payers who support them. Please do not allow our plea to fall, yet another time, on deaf ears.
Recognizing that you spearheaded the in-depth examination and analysis into the collapse of Enron, which led to the enactment of the Sarbanes-Oxley Act of 2002, coupled with your introduction and passage of the Whistleblower Protection Act, are the reasons that I am writing you today.
In addition to existing evidence that strongly supports allegations of judicial corruption in the United Airlines/McCook Metals LLC bankruptcies, recently surfaced evidence was uncovered by another grassroots organization which implicitly suggests possible White House collusion, fraudulent accounting practices, securities fraud, nondisclosure of certain financial assets during the bankruptcy, fraudulent government loan application processes, questionable abidance with the requisite corporate governance provisions of Sarbanes-Oxley, a government appointee which involves a conflict of interest, and potentially illegal transactions between United Airlines and the Pension Benefit Guarantee Corporation (PBGC) in the distress-termination of defined-benefit employee pensions.
Grassroots groups should not have had to uncover such evidence with the Sarbanes-Oxley Act establishment of the Public Company Oversight Accounting Board (PCOAB), which should have detected the possible criminal activity sited above. Nor should grassroots have to beg law enforcement intervention in these matters, including federal witness protection and immunity for informants who hold valuable information on these crimes.
It is for these reasons, after nearly four years of frustrating attempts to help expose possible criminal wrongdoing in the United Airlines bankruptcy, that I resorted to the drastic measure of legally embracing the rights, responsibilities and protections afforded by the Sarbanes-Oxley Act of 2002 in declaring, yet another time, myself to be a federal whistleblower.
On October 18, 2007, I wrote the enclosed letter to Securities and Exchange Commission Chairman Christopher Cox declaring the same while citing relevant Titles of the Act requiring investigation. It is a significant challenge requiring a great leap of faith to believe that a thorough examination of these issues will be performed by this federal agency in a just and equitable manner given the past performance and shortcomings of the Commission. It is for this reason that I petition your office to initiate an independent investigation through political collusion with the Committees of Senators Leahy and Kennedy and Congressmen Conyers, Waxman, and Miller.
The truth must be exposed and criminal justice served on the selfish white-collar criminals who perpetrated these crimes against the honest and hard-working employees of United Airlines who, in the post-9/11 era, were willing to give the shirt off their backs to help survive the airline and the industry. In the end, they gave much, much more. I will close this letter as I did my last letter to you.
Help me, Senator. Get me out of my present dilemma; I shouldn’t be here.
Very Respectfully,
Dan Hanley
Encl: My letter to you dated November 26, 2006
Letter dated October 18, 2007 to SEC Chairman Christopher Cox
Signed and sworn affidavit by Daniel W. Hanley dtd October 25, 2007
Ltr dated April 12, 2006 to DOJ Gonzales, DOT Mineta, and DHS Chertoff
Letter dated November 13, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated January 25, 2007 to Senator Patrick Leahy
Letter dated January 25, 2007 to Congressman John Conyers, Jr.
Letter dated February 1, 2007 to Senator Ted Kennedy
Letter dated February 1, 2007 to Congressman George Miller
Letter dated April 1, 2007 to Chicago FBI Director Robert Grant
Letter dated September 1, 2007 to Asst Attorney General Alice Fisher
Letter dated September 3, 2007 to Senator Daniel Akaka
Letter dated October 24, 2007 to Senator Ted Kennedy
Letter dated October 24, 2007 to Senator Patrick Leahy
Letter dated October 24, 2007 to Congressman Henry Waxman
Letter dated October 24, 2007 to Congressman John Conyers, Jr.
Letter dated October 24, 2007 to Congressman George Miller
Letter dated October 24, 2007 to Ms. Joan Currie-Leonard
Report dated March 18, 2004 of Examiner Ross O. Silverman
Cc: Members of Permanent Subcommittee on Investigations:
Senator Thomas Carper (D-DE)
Senator Mark Pryor (D-AR)
Senator Barak Obama (D-IL)
Senator Claire McCaskill (D-MO)
Senator Jon Tester (D-MT)
Senator Norm Coleman (R-MN)
Senator Tom Coburn (R-OK)
Senator Pete Domenici (R-NM)
Senator John Warner (R-VA)
Senator John Sununu (R-NH)
Senator Ted Kennedy – Chairman, Senate Committee on Pensions & Labor
Senator Patrick Leahy – Chairman, Senate Judiciary Committee
Congressman Henry Waxman – Chairman, Government Oversight Cmte
Congressman George Miller – Chairman, House Cmte on Pensions & Labor
Congressman John Conyers, Jr. – Chairman, House Judiciary Committee
November 28, 2006
The Honorable Alberto R.Gonzales
United States Attorney General
U. S. Department of Justice
9500 Pennsylvania Avenue
Washington, D.C. 20530
The Honorable John Paul Stevens
U.S. Supreme Court Justice
Public Information Officer
Supreme Court of the United States
Washington, D.C. 20543
Senator Patrick J. Leahy
Chairman-elect Senate Judiciary Committee
433 Russell Senate Office Building
United States Senate
Washington, D.C. 20510
Congressman John Conyers, Jr.
Chairman – House Judiciary Committee
2426 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Gentlemen,
Please forgive me for taking your valuable time in my petition to you as a law-abiding, tax-paying former United Airlines Captain who has landed in a most difficult legal and political quandary. I desperately need your guidance and assistance.
As we all know, the U.S. airline industry appears to be just now financially recovering from the devastating effects of 9/11 that was further exacerbated by outrageously high jet fuel and “give away” airline ticket prices. Additionally, only $1.3-billion of the federally-guaranteed loans authorized by the $10-billion dollar Airline Transportation Stabilization Board (ATSB) loan program was let, in part, because applications filed by air carriers failed to include a provision for the distress-termination of defined-benefit pension plans. This abhorrent act of “legal extortion” enabled United Airlines to file Chapter 11 bankruptcy in December 2002. The other major air carriers soon followed suit.
I have exhausted many legal and political avenues over the past several years in my personal attempt to bring to light possible white-collar criminal activity surrounding what appears to be the recovery of the airline industry on the financial backs of their employees while concurrently divesting these corporations of huge defined-benefit pension obligations. I shouldn’t have had to do this; I’ve come up against a huge legal and political wall that is insulated by the Patriot Act. My attempt to scale that wall will sadly remove my Right of Habeas Corpus as provided by the United States Constitution. I believe I can go no further in this process; it is herein that I beg for assistance.
There are individuals, agencies, and organization that feel they possess incriminating evidence of white-collar criminal activity that implicates the federal judiciary. I hope that you are able to negate the following assertions made to me by credible witnesses regarding existing law involving the indictment and possible impeachment of a member of the federal judiciary.
It has been alleged that last year when the GOP-controlled Congress failed to pass legislation denying any citizen of the right to file federal charges against any federal judge for any reason whatsoever, certain Supreme Court Justices petitioned the good office of the President of the United States for an Executive Order (which was granted and signed in proxy by Karl Rove), that stripped anyone (including honest U.S. citizens) of their Habeas Corpus rights for attempting to do so. Is this so? Please tell me that this is not true. The implication smacks of an unbridled, unchecked federal judiciary that cannot be indicted or impeached on any grounds. We are thus on the brink of degeneration into a fascist plutocracy vice a democratic republic all under the deceitful guise of national security interests.
I have attached correspondence that outlines my current dilemma for your review. I personally do not possess evidence of judicial corruption in the case of the United Airlines bankruptcy; there are others who do but are precluded from litigating due to constraints imposed by the Executive Order. The judicial system is broke. I was an airline pilot so I can guarantee you that I am clueless as to how to restore some semblance of U.S. government that citizens once, perhaps delusionally, imagined existed to represent the interest of its’ citizens. I am seeking neither reputation nor remuneration, only truth and justice; I shouldn’t even have to take your time to write you.
Tragically, in light of these facts, I feel that I can no longer place my faith and trust in the federal judiciary to seek the truth and serve justice on white-collar criminal activity surrounding airline bankruptcies. I am a patriot exercising my freedom of speech and right to representation while demanding a fair and impartial justice system. The only legal and political recourse in these matters would be the referral of possible criminal issues to a House investigation hopefully leading to a full Senate hearing. I have personally petitioned Congressmen and Senators as is evidenced in the enclosed correspondence.
Restore our faith in the federal government and the federal judiciary. Drain the swamp; rid our federal government of the culture of corruption. I am very sad that I even had to write this letter. I shouldn’t have had to. Don’t you agree, gentlemen?
Thank you for your time. I will patiently await your response.
Very Respectfully,
Dan Hanley
Encl: Letter dated April 6, 2006 to DOJ, DOT, and DHS
Letter dated April 12, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated November 26, 2006 to Senator Carl Levin
Cc: Senator Harry Reid
Senator Carl Levin
Senator Richard Durbin
Senator Barak Obama
Congresswoman Nancy Pelosi
Congressman Henry Waxman
Congressman George Miller
Congressman Jerry Costello
U.S. District Attorney Patrick J. Fitzgerald
Glenn Tilton, CEO United Airlines
Jack Brace, CFO United Airlines
Paul Lovejoy, General Counsel United Airlines
Captain Mark Bathurst, Chairman, United ALPA MEC
Robert Nichols, Attorney, United ALPA MEC
Dr. Donald Hudson, ALPA National Aeromedical Consultant
The Honorable Alberto R.Gonzales
United States Attorney General
U. S. Department of Justice
9500 Pennsylvania Avenue
Washington, D.C. 20530
The Honorable John Paul Stevens
U.S. Supreme Court Justice
Public Information Officer
Supreme Court of the United States
Washington, D.C. 20543
Senator Patrick J. Leahy
Chairman-elect Senate Judiciary Committee
433 Russell Senate Office Building
United States Senate
Washington, D.C. 20510
Congressman John Conyers, Jr.
Chairman – House Judiciary Committee
2426 Rayburn House Office Building
Washington, D.C. 20515
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Gentlemen,
Please forgive me for taking your valuable time in my petition to you as a law-abiding, tax-paying former United Airlines Captain who has landed in a most difficult legal and political quandary. I desperately need your guidance and assistance.
As we all know, the U.S. airline industry appears to be just now financially recovering from the devastating effects of 9/11 that was further exacerbated by outrageously high jet fuel and “give away” airline ticket prices. Additionally, only $1.3-billion of the federally-guaranteed loans authorized by the $10-billion dollar Airline Transportation Stabilization Board (ATSB) loan program was let, in part, because applications filed by air carriers failed to include a provision for the distress-termination of defined-benefit pension plans. This abhorrent act of “legal extortion” enabled United Airlines to file Chapter 11 bankruptcy in December 2002. The other major air carriers soon followed suit.
I have exhausted many legal and political avenues over the past several years in my personal attempt to bring to light possible white-collar criminal activity surrounding what appears to be the recovery of the airline industry on the financial backs of their employees while concurrently divesting these corporations of huge defined-benefit pension obligations. I shouldn’t have had to do this; I’ve come up against a huge legal and political wall that is insulated by the Patriot Act. My attempt to scale that wall will sadly remove my Right of Habeas Corpus as provided by the United States Constitution. I believe I can go no further in this process; it is herein that I beg for assistance.
There are individuals, agencies, and organization that feel they possess incriminating evidence of white-collar criminal activity that implicates the federal judiciary. I hope that you are able to negate the following assertions made to me by credible witnesses regarding existing law involving the indictment and possible impeachment of a member of the federal judiciary.
It has been alleged that last year when the GOP-controlled Congress failed to pass legislation denying any citizen of the right to file federal charges against any federal judge for any reason whatsoever, certain Supreme Court Justices petitioned the good office of the President of the United States for an Executive Order (which was granted and signed in proxy by Karl Rove), that stripped anyone (including honest U.S. citizens) of their Habeas Corpus rights for attempting to do so. Is this so? Please tell me that this is not true. The implication smacks of an unbridled, unchecked federal judiciary that cannot be indicted or impeached on any grounds. We are thus on the brink of degeneration into a fascist plutocracy vice a democratic republic all under the deceitful guise of national security interests.
I have attached correspondence that outlines my current dilemma for your review. I personally do not possess evidence of judicial corruption in the case of the United Airlines bankruptcy; there are others who do but are precluded from litigating due to constraints imposed by the Executive Order. The judicial system is broke. I was an airline pilot so I can guarantee you that I am clueless as to how to restore some semblance of U.S. government that citizens once, perhaps delusionally, imagined existed to represent the interest of its’ citizens. I am seeking neither reputation nor remuneration, only truth and justice; I shouldn’t even have to take your time to write you.
Tragically, in light of these facts, I feel that I can no longer place my faith and trust in the federal judiciary to seek the truth and serve justice on white-collar criminal activity surrounding airline bankruptcies. I am a patriot exercising my freedom of speech and right to representation while demanding a fair and impartial justice system. The only legal and political recourse in these matters would be the referral of possible criminal issues to a House investigation hopefully leading to a full Senate hearing. I have personally petitioned Congressmen and Senators as is evidenced in the enclosed correspondence.
Restore our faith in the federal government and the federal judiciary. Drain the swamp; rid our federal government of the culture of corruption. I am very sad that I even had to write this letter. I shouldn’t have had to. Don’t you agree, gentlemen?
Thank you for your time. I will patiently await your response.
Very Respectfully,
Dan Hanley
Encl: Letter dated April 6, 2006 to DOJ, DOT, and DHS
Letter dated April 12, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated November 26, 2006 to Senator Carl Levin
Cc: Senator Harry Reid
Senator Carl Levin
Senator Richard Durbin
Senator Barak Obama
Congresswoman Nancy Pelosi
Congressman Henry Waxman
Congressman George Miller
Congressman Jerry Costello
U.S. District Attorney Patrick J. Fitzgerald
Glenn Tilton, CEO United Airlines
Jack Brace, CFO United Airlines
Paul Lovejoy, General Counsel United Airlines
Captain Mark Bathurst, Chairman, United ALPA MEC
Robert Nichols, Attorney, United ALPA MEC
Dr. Donald Hudson, ALPA National Aeromedical Consultant
Senator Joe Biden
317 Russell Senate Office Building
Washington, D. C. 20515
Dear Senator Biden,
I am writing you with regard to your membership on the Senate Judiciary Committee in reference to the attached correspondence. Kindly excuse my oversight in neglecting to include your name in the ‘cc’ list of these letters as the issues addressed are relevant to your committee as well as other congressional committee members.
As a United Airlines B-777 Captain in the post-9/11 aviation arena, I personally attempted to expose possible federal criminal wrongdoing while United Airlines was in Chapter 11 bankruptcy. The result of my actions cost me my profession, reputation, wife, and the consequent alienation of my two adult children. I was merely being honest in trying to uphold federal law. This is not why I am writing to you. I seek neither celebrity nor remuneration, neither revenge nor reputation. Along with many others, I only ask that the truth be exposed and justice served on any possible white-collar criminals or judicial corruption associated with airline bankruptcies and the subsequent distress-termination of pensions in the post-9/11 era.
It has been stated that many industries have legally discovered loopholes in federal bankruptcy laws that enable companies to drive into Chapter 11, shed their pension obligations to the PBGC/taxpayers, and then emerge a financially healthy company all at the expense of honest employees who have devoted their lives to their career in hopes of their promised pension in retirement. At face value, this appears to have been the case in the United Airlines bankruptcy. Recently surfaced legal evidence may prove otherwise.
The legitimacy of the aforementioned ‘legal’ process wanes with the inclusion of alleged federal judicial corruption coupled with possible illegal White House collusion with certain quasi-governmental agencies such as the PBGC. The playing field is no longer level; unions are disempowered; employees are disenfranchised; corporate executives grow rich. This not only is unfair, it’s illegal. Purportedly, under Bush’s unconstitutional Patriot Act, no honest American citizen can bring indictments against potentially corrupt federal judges for the purposes of impeachment. But you, in your capacity as a Judiciary Committee member, can do so if presentation of valid legal evidence warrants such action.
It is herein that I petition you, along with your fellow committee members, to at least conduct a preliminary investigation into the legal evidence at hand to determine its’ legitimacy and relevance in these matters. It is my sincere hope, on behalf of hundreds of thousands of airline employees nationwide, as well as many other workers in other industries, that these matters are brought to public light through committee hearings and investigations.
I am now and have always been a strong union member and supporter of organized labor nationwide. Kindly do not misconstrue any actions reported by me within the attached correspondence as being anti-union/anti-labor. Nothing could be further from the truth. Any action performed by me was merely meant to protect myself while attempting to speak out in a most hostile political environment against labor. I fully believe that labor was extorted in bankruptcy court illegally and forced to ‘collude’ with management in an anti-labor (and possibly corrupt) court system.
Your attention to these matters is greatly and sincerely appreciated. I know that you are very busy with other issues. I deeply admire your strength of leadership, wealth of experience, and the courage to take a bold stand against a runaway administration that must be impeached for their crimes. Thank you also for many years of dedicated and patriotic service to the citizens of this great nation.
And finally, my sincere thank you for taking the time to review these issues. I will be patiently awaiting your response.
Very Respectfully,
Dan Hanley
Encl: Letter dated April 6, 2006 to DOJ, DOT, and DHS
Letter dated November 12, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter Dated November 26, 2006 to Senator Carl Levin
Letter dated November 28, 2006 to Alberto Gonzales, Supreme Court Justice
Stevens, Senator Leahy, and Congressman Conyers
Cc: Senator Patrick Leahy
317 Russell Senate Office Building
Washington, D. C. 20515
Dear Senator Biden,
I am writing you with regard to your membership on the Senate Judiciary Committee in reference to the attached correspondence. Kindly excuse my oversight in neglecting to include your name in the ‘cc’ list of these letters as the issues addressed are relevant to your committee as well as other congressional committee members.
As a United Airlines B-777 Captain in the post-9/11 aviation arena, I personally attempted to expose possible federal criminal wrongdoing while United Airlines was in Chapter 11 bankruptcy. The result of my actions cost me my profession, reputation, wife, and the consequent alienation of my two adult children. I was merely being honest in trying to uphold federal law. This is not why I am writing to you. I seek neither celebrity nor remuneration, neither revenge nor reputation. Along with many others, I only ask that the truth be exposed and justice served on any possible white-collar criminals or judicial corruption associated with airline bankruptcies and the subsequent distress-termination of pensions in the post-9/11 era.
It has been stated that many industries have legally discovered loopholes in federal bankruptcy laws that enable companies to drive into Chapter 11, shed their pension obligations to the PBGC/taxpayers, and then emerge a financially healthy company all at the expense of honest employees who have devoted their lives to their career in hopes of their promised pension in retirement. At face value, this appears to have been the case in the United Airlines bankruptcy. Recently surfaced legal evidence may prove otherwise.
The legitimacy of the aforementioned ‘legal’ process wanes with the inclusion of alleged federal judicial corruption coupled with possible illegal White House collusion with certain quasi-governmental agencies such as the PBGC. The playing field is no longer level; unions are disempowered; employees are disenfranchised; corporate executives grow rich. This not only is unfair, it’s illegal. Purportedly, under Bush’s unconstitutional Patriot Act, no honest American citizen can bring indictments against potentially corrupt federal judges for the purposes of impeachment. But you, in your capacity as a Judiciary Committee member, can do so if presentation of valid legal evidence warrants such action.
It is herein that I petition you, along with your fellow committee members, to at least conduct a preliminary investigation into the legal evidence at hand to determine its’ legitimacy and relevance in these matters. It is my sincere hope, on behalf of hundreds of thousands of airline employees nationwide, as well as many other workers in other industries, that these matters are brought to public light through committee hearings and investigations.
I am now and have always been a strong union member and supporter of organized labor nationwide. Kindly do not misconstrue any actions reported by me within the attached correspondence as being anti-union/anti-labor. Nothing could be further from the truth. Any action performed by me was merely meant to protect myself while attempting to speak out in a most hostile political environment against labor. I fully believe that labor was extorted in bankruptcy court illegally and forced to ‘collude’ with management in an anti-labor (and possibly corrupt) court system.
Your attention to these matters is greatly and sincerely appreciated. I know that you are very busy with other issues. I deeply admire your strength of leadership, wealth of experience, and the courage to take a bold stand against a runaway administration that must be impeached for their crimes. Thank you also for many years of dedicated and patriotic service to the citizens of this great nation.
And finally, my sincere thank you for taking the time to review these issues. I will be patiently awaiting your response.
Very Respectfully,
Dan Hanley
Encl: Letter dated April 6, 2006 to DOJ, DOT, and DHS
Letter dated November 12, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter Dated November 26, 2006 to Senator Carl Levin
Letter dated November 28, 2006 to Alberto Gonzales, Supreme Court Justice
Stevens, Senator Leahy, and Congressman Conyers
Cc: Senator Patrick Leahy
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