May 1, 2011
Senator Johnny Isakson
120 Russell Senate Office Building
Washington, DC 20510
SUBJ: FEDERAL TORT CLAIMS ACT FORM SUBMISSION
Dear Senator Isakson,
I write to you today concerning matters that your office has been made aware of since October 2007 regarding my alleged wrongful termination as a United Airlines B-777 captain, as well as difficulties that I have experienced over the past five years in attempting to engage the Department of Justice and the Federal Bureau of Investigation into investigating my allegations without success.
Reflecting on the many years that Ponzi-schemer Bernie Madoff whistleblower Harry Markopolos had to wait before the SEC and DOJ responded, coupled with the fact that UBS whistleblower Bradley Birkenfeld now sits in a federal penitentiary for his honest efforts, in light of passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, I now feel compelled to litigate this matter in a court of law in accordance with the Federal Tort Claims Act.
On October 22, 2007, I received an unsolicited letter from Senator Chambliss advising me that he would look into my involved legal matters concerning the United Airlines bankruptcy with the Department of Justice after then Senator Obama’s Chicago Special Assistant Ms. Joan Currie-Leonard had twice deferred me to your office that year wherein he stated:
“I have contacted the Department of Justice on your behalf and will certainly share their response with you once I receive it.”
On November 5, 2007, I received a second letter from Senator Chambliss that stated:
“While I regret to learn of your difficulties, I, as a United States Senator, have no jurisdiction over matters such as these”
Prior to receipt of the above letter, I wrote to your office to inform you that I had filed for whistleblower protection under the provisions of the Sarbanes-Oxley Act and, as such, had also filed an FAA Whistle Blower Protection Report with the Federal Aviation Administration.
Attached to a letter to me dated February 6, 2008 from Senator Chambliss was a letter from then Deputy Assistant Attorney General John Keeney that skirted issues addressed in a letter to then Assistant Attorney General Alice Fisher, with advisement that I contact the office of the Atlanta FBI if I had criminal information that I wished to report.
In a joint letter to your office dated February 12, 2009, I advised Senators Chambliss, Congressman Westmoreland and you, of my continued difficulty in achieving justice in both my Sarbanes-Oxley filing and FAA Whistle Blower Report administration by the Department of Transportation and the Federal Aviation Administration.
On June 17, 2009, I attended the Colgan Air 3407 hearing and listened to your questions to the witnesses regarding crew fatigue and other safety matters. The day prior, I visited Senator Dorgan staffer Rich Swayze to discuss the letter previously sent to his office referring to my request to serve as a witness at the hearing. Just prior to commencement of this hearing, Mr. Swayze approached me in the audience to advise me that my testimony had been included as part of congressional public record for that hearing.
After attending the Colgan Air 3407 hearing, I visited your DC office and dropped the evidence package off with your secretary that had also been submitted as part of public congressional testimony at the Colgan Air 3407 hearing that day. FAA Whistleblower and former Continental Airlines pilot Newton Dickson accompanied me to your office and will attest to these facts.
In August 2010, after the office of the Department of Transportation Inspector General permitted the FAA to investigate itself based on the four year delay in response to my FAA Whistle Blower Report, I was informed by letter from Department of Transportation Assistant Inspector General Robert Westbrooks that this office had closed my case based on alleged frivolous claims concerning the Department of Labor.
On October 25, 2010, as per an email request from Congressman Westmoreland staffer Ms. Studdard, I forwarded to his office a Privacy Release form for the purpose of his DC staffer Joe Lillas opening an investigation into my case involving the offices of Department of Transportation Inspector General and Secretary and the Federal Aviation Administration, since Congressman Westmoreland sit on the House Aviation Subcommittee.
My reasons for submitting this requested information was in hopes that Congressman Westmoreland would request an independent outside investigation into my assertions (such as a special prosecutor) of possible criminal wrongdoing at the Departments of Homeland Security and Transportation and the Federal Aviation Administration, which implicates the Securities and Exchange Commission and the Department of Justice.
On December 3, 2010, I sent an email to Congressman Westmoreland DC aviation staffer Joe Lillas expounding in detail my assertions that the above named offices were guilty of stonewalling and suppressing my attempts to force investigation of my case that had been prolonged for over four years.
On December 8, 2010, I sent another email to both Ms. Studdard and Mr. Lillas addressing additional issues associated with my case, as well as other airline pilot whistleblowers that I had been in contact with the past few years.
On December 9, 2010, after having been advised by former Northwest Airlines whistleblower Captain Field McConnell and other pilot whistleblowers that had contacted me that Congressman Westmoreland’s office would not include their evidence/information due to Privacy Act constraints, I emailed both Ms. Studdard and Mr. Lillas informing them that I waived my rights and privileges under the Privacy Act in an effort to afford these supportive witnesses to step forth with evidence/information.
In response to this email, Ms. Studdard informed me via email that Mr. Lillas advised her that the FAA had the final word in this matter and that no further action would be taken by his office.
After over a three year delay, in November 2009, Securities and Exchange Commission Inspector General H. David Kotz acknowledged that the SEC should have commenced an investigation into my SOX claims then. In April 2010, I was advised that the Atlanta office of the SEC had opened my investigation and I subsequently had several phone conversations with both Atlanta SEC Senior Counsel Debbie Hampton and Assistant Director Matthew McNamara. Both acknowledged that due to the sensitivity of issues under investigation that this office would not be permitted to discuss this case with me.
On February 3, 2011, after both the Atlanta and DC offices of the FBI hung up on me several times after I had filed a federal complaint and witnesses with information associated with my SOX filing were denied submission to the Atlanta office, I wrote the Department of Justice since this agency of government has been made aware of this case since the fall of 2006, including then Senator Obama when he served as junior senator from Illinois where I allege some of the criminal activity occurred.
In reviewing your resume, I happened to notice that your father was in the transportation industry and you served in the Georgia Air National Guard from 1966 to 1972 leaving service as a sergeant. Additionally, since you currently serve on the Senate Veterans Affairs and Senate Aviation Subcommittee, as a veteran naval aviation and commercial airlines pilot, I am petitioning once again your political support for me as a whistleblower.
I served in the U.S. Navy as an officer and aviator with distinction and unblemished record of integrity. In reflection over the past many years as a federal whistleblower on numerous counts, I feel that I have done nothing wrong but assert that I have attempted to do everything right in accordance with federal laws and regulations while protecting my first amendment rights as a patriotic citizen who has attempted with many others to expose serious violations of federal law involving fraud, waste and abuse by corporations and certain elements of our government.
The military service academys’ time-honored code, ‘I will not lie, cheat, nor steal or I tolerate those who do’ that I, along with my fellow naval aviators and officers embraced many years ago, is still germane to my honest actions of the past many years. My whistleblowing efforts reflect this theme and I sacrificed my aviation career and reputation with attendant decimation of my professional, personal/ familial, and financial life as a result of my honesty.
President Obama campaigned on promises of a ‘greater openness of government’ with ‘enhanced protection for federal whistleblowers’ while claiming that ‘no one is above the law’. Over the course of the last year, two articles authored by Salon’s Glenn Greenwald have indicated that this is far from the case for those wishing to report fraud, waste, and abuse in our land.
As a patriotic citizen exercising my first amendment freedom of speech rights, in light of the fact that a federal whistleblower enjoys but a 2% probability of success, and I feel less than secure physically, politically, legally since so many politicians have failed to support me in the past.
The character of Julian Assange has been assassinated and his critics accuse this honest man of threatening our national security, while placing our troops in harm’s way as a result of his Wikileaks disclosures. Quite to the contrary, in my situation, as international public spokesperson for the Whistleblowing Airline Employees Association, I publicly represent a vast array of commercial aviation employee whistleblowers from all walks of life and the mission of our association is to protect national security onboard commercial jet aircraft for our ‘special interests’…the millions who travel by commercial air.
A review of our team members on our website will divulge such affiliate groups as the FAA Whistleblowers Alliance, FlyersRights.org, the Aerotoxic Syndrome groups, and Federal Air Marshals and TSA employees all of which are concerned about the safety and security of our ‘special interests’, the millions who travel by commercial air. Currently, I am authoring Examiner.com articles as the Atlanta Aviation Community Examiner and intend to detail my plight as a federal whistleblower and long-time resident of the state of Georgia who feels that his interests, as well as the traveling public has been ill-served by those in government whose service includes congressional oversight of aviation matters.
Unlike Julian Assange, who I assert is being wrongfully accused of harming national security and endangering human lives, I feel that my efforts as an aviation safety and security and Sarbanes-Oxley whistleblower is in full support of the FAA and TSA mission statements of making our aerospace system ‘the safest, most efficient aerospace system in the world’ as stated on the home page of our website.
Additionally, as evidenced by the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Sarbanes-Oxley Act (SOX) has proven to be not worth the paper it is written on. I am certain that both Bernie Madoff’s whistleblower Harry Markopolos and especially UBS whistleblower Bradley Birkenfeld will agree with my assessment. My SOX report, if appropriately investigated by the Department of Justice, will not only protect consumers, but also shareholders and investors by exposing bankruptcy/pension/securities fraud while helping to clean up the courtrooms across the land and punish white-collar criminals responsible for the same.
Tragically, one of your congressional colleagues, Senator Orin Hatch and others, are attempting to block the Dodd-Frank legislation on the grounds that other countries do not have such laws that protect whistleblowers from exposing horrific white-collar mobster activity thereby unbalancing the global financial playing field. Transposing this argument, would you not agree with me that Senator Hatch is insisting that white-collar banksters should be permitted to continue their murder, extortion, and gangsterism because it isn’t fair that these crimes be reported?
My first-hand experience with the observed blatant corruption within both the SEC and DOJ tells me that this is exactly what the owners of the Congress, the K-Street/Wall Street lobbyist, would enjoy seeing perpetuated.
Because my Colgan Air congressional testimony was completely ignored by relevant committee chairs and the Departments of Transportation and Justice, given that my allegations in the affidavit provided to many, including your office was dismissed, I have alleged that my human rights were abused through my assertions that I was funneled into the Employee Assistance Program at United Airlines in 2003 to undergo a ‘hostile work environment forced psychiatric evaluation’.
Consequently, I serve as the Transportation Whistleblower for a global grassroots network of medical professionals known as ‘Medical Whistleblower’. Dr. Janet Parker, the executive director of this fine organization, has personally spoken to President Obama on these matters and I am currently a co-signer on the Medical Whistleblower Advocacy Network Universal Periodic Review that has been submitted to the United Nations for review.
A recent article in the Washington Examiner authored by journalist Barbara Hollingsworth explained how other airline pilots in similar situations have been fighting back in our courts to help expose these abhorrent methods of silencing airline pilot whistleblowers, but a DC federal judge recently dismissed the case of retired Northwest Airlines whistleblower Captain Field McConnell in his suit against the Air Line Pilots Association for his suppression in attempting to report on illegal aircraft modifications in 2006.
Another case before the courts is that of former Continental Airlines pilot whistleblower Newton Dickson who accompanied me to DC attempting to testify before the Colgan Air hearing we attended regarding crew fatigue and other isses, but was denied. We are waiting for the final ruling in this case.
Just last week, my name appeared along with many other federal whistleblowers in a joint letter sent to Attorney General Holder by members of another grassroots group, Safe Skies Initiative, requesting the appointment of a special prosecutor to investigate all outstanding whistleblower complaints.
To date, the Department of Justice has stonewalled my case for over four years in spite of the fact that the SEC opened my SOX investigation over a year ago after a three year delay. The SEC refuses to acknowledge that this case is still under investigation. The DOJ keeps hanging up on me on the phone or slamming the door in my face.
Just recently, I received a letter from the Department of Justice concerning my filed DOJ Form 95 Claim for Damage, Injury, or Death advising me that my case has been transferred to the Federal Aviation Administration for disposition even though I have alleged violation of RICO laws that mandates DOJ participation in the investigation. Both the DOT and DOJ know that the FAA has done nothing but stonewall me. I have news for all these agencies of government. In six months, before filing the federal suit against the U.S. government that I am certain will be tossed by some corrupt or fearful judge in DC, the world will come to know the truth and the truth shall set them free.
Because I am currently financially bankrupt, my dependent daughter was forced to drop out of Georgia State University with but one year to complete her degree requirements. My ex-wife, who lost her fiancé to cancer just prior to Christmas, has informed me that MY creditors have been harassing her and my two adult children about MY financial obligations back in the states during her time of distress even though I have advised my creditors of my dire financial situation, which has also caused my family undue stress.
My ex-wife and daughter recently moved out of the state of Georgia and are near destitution in another state. I cannot even obtain legal assistance for the purpose of filing bankruptcy, in part because I currently reside in Islamabad, Pakistan with my new bride (where we are attempting to perform charity work for the ‘Forgotten Ones’ in this country), and even if I could locate an attorney in Coweta County, would not be able to afford his fee.
After beating on the Department of Justice door for over four years and being turned away at the door of the Chicago FBI office in early 2009, can you imagine my outrage in receiving my first call from this federal agency by an Atlanta FBI agent from the Joint Terrorist Task Force who made suggestive remarks intimating that perhaps I was some type of ‘domestic terrorist’ making statements against the United States government? My older sister, who is a retired 35-year Delta Airlines flight attendant, was recently visited by three agents from the Atlanta FBI office inquiring of my whereabouts and my welfare, but nothing was mentioned regarding my plight as a federal whistleblower that the Department of Justice has known about since April 2006 that is currently under investigation by the Atlanta SEC office.
In an ABC News 10 Sacramento report by Emmy Award-winning TV journalist George Warren, an American Airlines captain recently suffered recriminations for reporting the same frailties that I attempted to report in 2003 regarding aviation security frailties for which my entire 35-year aviation career, my family, and my finances were completely devastated. Concurrently, we see billions of tax dollars being wasted on senseless TSA passenger x-ray screening equipment manufactured by former DHS Secretary Michael Chertoff’s Rapiscan, when so many holes exist elsewhere in the questionably necessary TSA security network.
My close friend, former TSA Red Team Leader Bogdan Dzakovic, who testified before the 9/11 Commission concerning these very issues, was rewarded for his honesty with a demotion to a simple administrative desk job working the graveyard shift. He is currently one of the most knowledgeable security experts in the world whose career stretches back to the Lockerbie Pan Am 103 disaster when he was appointed FAA Red Team Leader. What is the reason for this during a supposed period of heightened security alert?
They say that love knows no boundaries and I married Huma Hashmi, a resident of Islamabad some time ago. After obtaining a multiple-entry visa to Pakistan from the Pakistani government, I currently reside there. Her late father, a Pakistan International Airlines B-747 captain, was ‘medically retired’ many years ago for alleged political differences of opinion.
We share an equal concern about this issue, as well as our prayer that the planet will soon realize world peace in a land wrought with continued economic distress and suffering from flooding and continued drone attacks and other violence in the region. Although we haven’t received approval of NGO status, we are working with others in the region attempting to provide relief for the still homeless tens-of-thousands of victims in the flooded areas of Pakistan.
Because of alleged retaliation against honest journalists in the United States as alluded in Glenn Greenwald’s article, coupled with my many-year attempts to draw the attention of the mainstream media, with the exception of a 5-minute spot on FOX national news over a year ago, my case, as well as many others have been largely ignored in the U.S. mainstream media. Because I have been passionate about aviation safety and security issues throughout my long career as a pilot, given the absence of media attention in the states, I have been offered no recourse but to consult with international media personnel from various countries who have a greater interest and concern in this area.
Over the course of the past several weeks, with citizens across north Africa demanding greater freedom of expression, including a free press, and exposure of massive suppression of citizenry through sometimes brutal methods, we have observed such atrocities as the strafing of peaceful crowds by attack aircraft overhead resulting in many deaths. Global leaders have condemned such activity with demands from some that these ruthless dictators step down from office in support of a free democracy.
President Barack Obama has decried this abhorrent behavior while we’ve heard Secretary of State Hillary Clinton publically condemn these ruthless dictators for their brutally suppressive behavior. In the meantime in the states, with a less than 2% probability of success, (which equates to a 98% failure rate), we find honest whistleblowers (who have done nothing wrong) murdered, have their houses attacked by Homeland Security helicopters, fired from their jobs or demoted, as their personal, professional and financial life is devastated. The mainstream media in the U.S. does not report on these issues.
While U.S. citizens enjoy greater freedom and comforts of life than many, please explain to me the difference between demands for freedom of expression as a U.S. whistleblower and those who have been gunned down on the streets of Tripoli for demanding the same.
Due to my reluctance to return to the states, given that both Ireland and Pakistan offer dual citizenship for U.S. citizens, I have petitioned the office of the Irish Minister for Justice and Law Reform Dermot Ahern to waive certain provisions of immigration law to accommodate my request for Irish dual citizenship. I have also solicited the support of Amnesty International Secretary General Salil Shetty in locating a U.S. friendly country permitting dual citizenship should hostilities increase at my present location requiring my departure from Pakistan.
U.S. citizenship is my birthright and freedom of speech is an unalienable right enshrined in our constitution. Amnesty International’s vision is for “every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards”. The Sarbanes-Oxley Act includes specific protections, including protection of retaliation against witnesses per Title 18 – Part I – Chapter 73 § 1513 ‘Retaliating against a witness, victim, or an informant’, and yet one of my key witnesses, Mr. Michael Lynch, was incarcerated in Chicago’s Cook County Jail for his honesty in exercising his freedom of speech rights in a court of law last year. But then, this is what happens when the Chicago Mob involves itself in DC politics. We could ask the Kennedy brothers, but they’re both dead.
At present, I intend to remain in Pakistan until the Department of Justice commences an investigation of my SOX allegations by FBI agent interview of witnesses and informants whose names were provided to their office and review of available evidence currently under review by the Atlanta Securities and Exchange Commission.
The Raymond Davis case has generated much political and citizen unrest in Pakistan with rising anti-American sentiments abounding, as the United States continues to demand his release. Due to political instability in the region, it is unclear to me at present as to my plans to ensure my safety, but they do not include a return to the United States.
Some have suggested that I apply for dual citizenship in Pakistan or another U.S.-friendly nation, while a few have insisted that I denounce my U.S. citizenship which, to me, is an absurd consideration since my citizenship is my birthright more so than that of those in our own government who hold dual citizenship with the U.S. when they were born elsewhere, as you were.
I am certain that I will have the full support of the Secretary of State Hillary Rodham Clinton and her entire State Department staff since her and her entire senate staff was fully aware of my legal/political dilemma since February 2, 2007 forward. Perhaps Secretary Clinton would like for me to go away, but that will not happen, as I am every bit the U.S. citizen that her husband, President Obama, Attorney General Holder, and herself are U.S. citizens.
We all have unalienable constitutional rights that provide for basic protection against human rights abuses. My quandary lies in the fact that my honest interpretation of these rights may not exactly mesh with the opinions of Chief Justice Roberts or Supreme Court Justice Scalia interpretation of this sacred document. I know that my interpretation of federal laws differed greatly from former Deputy Attorney General Mark Filip and a few others.
As the political events unfold in North Africa and south Asia, I will decide while using denouncement of my U.S. citizenship as my absolute last resort to physically and legally protect myself. I am entitled to my human rights just as those citizens of Tunisia, Egypt, and Libya. I am a U.S. citizen and must abide by federal laws, but the United States does not ‘own’ me. No one does. I have done nothing wrong.
The real tragedy lies in the fact that I feel infinitely more secure in war torn Pakistan than I do in my own homeland in my present dilemma even with anti-American sentiments due to the Davis controversy. Given the attack and incarceration on honest whistleblowers in the United States for speaking the truth in the name of the law, isn’t that a shameful thought for a distinguished naval officer and patriotic citizen whistleblower to even imagine? Julian Assange, you have my full support and empathy. My full testimony has been provided both on film and in writing on numerous occasions. The U.S. government may ‘shoot the messenger’, but my message is already out there, as our website is currently read/downloaded by the gigabyte in over 120 countries around the world.
In spite of these challenges and failures in my life, not that it might be much for others, at least I can still stare myself in the face when I shave each morning knowing that what I did was the right thing to do at the right time without regard to the losses incurred by me and my family. I am broke, but not a broken man nor do I wear ‘round-heeled shoes’. I demand justice in my case, as well as for those I represent as international public spokesperson for the ‘Whistleblowing Airline Employees Association’ and our affiliates whose work has been endorsed by the Government Accountability Project and National Whistleblower Center senior attorneys, Tom Devine and Dave Colapinto.
In addition to failure of several other branches of government to perform their duties in a timely and legal manner, I have been offered no recourse but to file a law suit against the United States government. Due to the over four year delay in responding to my legally-filed reports, I am currently financially bankrupt, living abroad without SOX whistleblower protection as provided by federal law and as requested in my initial filing in 2007. This entire destruction of my personal life due to failures of my government cannot go legally or politically unchecked.
In accordance with the Federal Tort Claims Act (June 25, 1948, ch. 646, Title IV, 62 Stat. 282, "28 U.S.C. Pt.VI Ch.171" and 28 U.S.C. § 1341346(b) ), enclosed please find a completed signed copy of Standard Form 95 Claim for Damage, Injury or Death. As per this federal statute, if no responses from your offices are received within the next six months, it is my full intent to litigate this matter in a federal court of law for the traveling public to judge as to who operated in accordance with federal aviation regulations and laws.
I have also included copies of Form 95 sent to other agencies of the federal government that have failed to address my concerns.
“All that is necessary for the triumph of evil is that good men do nothing.”
~ Edmund Burke ~
Captain Dan Hanley and Huma Hashmi-Hanley
International Public Spokesperson
Whistleblowing Airline Employees Association International
Encl: Letter dated February 2, 2007 to then Senator Hillary Clinton
My Form 95 to Congressman Westmoreland
My Form 95 to Senator Chambliss
My Form 95 to President Obama
My Form 95 to Department of Justice
My Form 95 to Department of Transportation
My Form 95 to Department of Homeland Security
My Form 95 to Department of Treasury
My Form 95 to the Securities and Exchange Commission
Cc: President Barack Obama
Secretary of State Hillary Clinton
The Honorable Glenn Fine – Inspector General, Department of Justice
The Honorable Eric Holder – Attorney General of the United States
The Honorable Lanny Breuer – Asst AG, Criminal Division
The Honorable Robert Mueller – Director, FBI
The Honorable Calvin S. Scovel III – Inspector General, DOT
The Honorable Raymond LaHood – Secretary of Transportation
The Honorable Randy Babbitt – Administrator, FAA
The Honorable Richard Skinner – Inspector General, DHS
The Honorable Janet Napolitano – Secretary, DHS
The Honorable H. David Kotz – Inspector General, SEC
The Honorable Mary Shapiro – Commissioner, SEC
Senator Saxby Chambliss (R-GA)
Congressman Lynn Westmoreland (R-GA)
Brian Lamkin – Special Agent-in-Charge, Atlanta FBI
Matthew McNamara – Assistant Director, Atlanta SEC
Dave Colapinto – General Counsel, National Whistleblower Center
Tom Devine – Legal Director, Government Accountability Project
The Honorable Luis Moreno-Ocampo
Irish Minister for Justice and Law Reform Ahern
Amnesty International Colm Ó Cuanacháin
National Whistleblower Center Dave Colapinto
Government Accountability Project Tom Devine
Zena Crenshaw – POPULAR Executive Director
SEC Atlanta Senior Attorney Debbie Hampton
Atlanta FBI Agent Mark Grant
Judicial Corruption Whistleblower Michael Lynch
Judicial Corruption Whistleblower Sam Lipari
FAA Whistleblowers Alliance Executive Director Gabe Bruno
FlyersRights.org Executive Director Kate Hanni
Washington Examiner Barbara Hollingsworth
Former TSA Red Team Leader Bogdan Dzakovic
PBGC IG Rebecca Batts
PBGC Director Vincent Snowbarger
Kirk Stevenson – Committee for Restoration of Pensions at UAL
Jim Hosking – Pension Preservation Network
World Trade Center Whistleblower William Rodriguez
U.S. Federal Marshal Whistleblower Matthew Fogg
FDIC Whistleblower Yolanda Gibson-Michaels
NSA Whistleblower Russell Tice
University of Illinois Whistleblower Dr. Francis Boyle, PhD
Treasury IG Eric Thorson
Treasury Secretary Timothy Geithner
United Airlines Glenn Tilton
Amnesty International Ireland
Amnesty International Pakistan
Amnesty International Nepal