November 20, 2006
4204 Lakeside Way
Newnan, Georgia 30265
Patrick J. Fitzgerald
United States Attorney
Northern District of Illinois, Eastern Division
219 South Dearborn Street, 5th Floor
Chicago, Illinois 60604
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Fitzgerald,
I personally have admired you from afar as a man of honesty, courage, and professional integrity in your capacity as a law enforcement official. This is specifically why I am writing you today to address grave matters that lie within your legal jurisdiction as U.S. District Attorney.
Through the unnecessary United Airlines Chapter 11 bankruptcy that commenced in December 2002 and ended in February of this year, tens of thousands of honest, law-abiding citizens (like you and I) have been criminally wronged. Since United Airlines and the Seventh Circuit Court system lie within you legal domain, I feel you need to be apprised of our current legal and political plight.
There are individuals within certain agencies and organizations, who strongly believe they possess substantial criminal evidence of, and have witnesses to, this pathetic criminal activity. We desperately need a trustworthy human as a legal channel to oversee an investigation, analysis, and collation of these data to confirm our collective allegations and bring to justice these consciousless, white-collar criminals. You’re him.
A massive number of disenfranchised airline employees from every airline in the country (as well as workers in other industries) will also be in receipt of this letter and waiting with bated breath for your decision regarding your response to our legal and political concerns. On behalf of those 40-million American workers who are covered by over 30,000 defined-benefit pension plans, don’t let us down now.
It is hereby respectfully requested, at your earliest convenience, that you contemplate the initiation of a grand jury investigation into all questionable legal matters pertaining to the United Airlines and McCook Metals, LLC bankruptcies. I have included as enclosures for your perusal, other letters of petition to high-ranking government officials also requesting a congressional investigation into these matters that will hopefully lead to a full Senate hearing on this and other airline industry and pension issues. Your affirmative decision to engage this much needed legal process will have a profound and dramatic impact on workers from every industry in the country.
Please be there for us; we’re all counting on your honesty, compassion, and professional legal expertise to win the day for millions of real American citizens. Thank you for your consideration. I will patiently await your reply.
Very Respectfully,
Dan Hanley
Encl: Letter dated April 6, 2006 to DOJ, DOT, and DHS
Letter dated November 18, 2006 to Congressman Henry Waxman (D-CA)
Letter dated November 18, 2006 to Senators Harry Reid, Senator Richard Durbin,
Senator Barak Obama
cc: Honorable Alberto Gonzales, Attorney General of the United States
Honorable Michael J. Chertoff, Department of Homeland Security
Honorable Mary E. Peters, Department of Transportation
Senator Harry Reid (D-NV)
Senator Carl Levin (D-MI)
Senator Richard Durbin (D-IL)
Senator Barak Obama (D-IL)
Congresswoman Nancy Pelosi (D-CA)
Congressman Henry Waxman (D-CA)
Congressman George Miller (D-CA)
Congressman John Conyers, Jr. (D-MI)
Congressman Jerry Costello (D-IL)
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
New York Times
Washington Post
Chicago Tribune
St. Louis Post Dispatch
Belleville New Democrat
Detroit Free Press
Los Angeles Times
San Francisco Chronicle
April 1, 2007
4204 Lakeside Way
Mr. Robert D. Grant
Special Agent-in-Charge
Federal Bureau of Investigation
U.S. Department of Justice
2111 West Roosevelt Road
Chicago, Illinois 60608
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Grant,
I am a union man and a former United Airlines B-777 Captain. Kindly review the attached correspondence for an overview of my plight as such from 9/11 to present. I attempted to whistle blow on numerous federal issues (including RICO) as an airline pilot in the post-9/11 era and was removed from scheduled flight operations and subsequently ‘medically’ retired after a 35-year career in aviation. In direct violation of federal law, United Airlines, my union (the Air Line Pilots Association), and the Federal Aviation Administration stonewalled my filed federally mandated safety and security reports.
After my medical ‘grounding’, in accordance with federal law, I filed an online Federal Aviation Whistleblower Protection Program Report alleging violation of federal aviation law and possible RICO statute violations. The Federal Aviation Administration never responded to my filed report. As a result, on April 12, 2006, I wrote DOJ Gonzales, DHS Chertoff, and DOT Mineta petitioning their assistance in the investigation of possible criminal wrongdoing surrounding the post-9/11 United Airlines Chapter 11 bankruptcy. (Encl)
On July 3, 2006, Gerald A. Toner of the U.S. Department of Justice Criminal Division (Assistant Chief for Labor-Management Racketeering, Organized Crime and Racketeering Section) responded with a letter that advised me to contact the nearest FBI office in my community if I had ‘evidence of potential violations of the federal criminal laws’. (Encl) This, in part, is why I am writing to you today.
In mid-July 2006, I had a chance encounter with Mr. Michael Lynch of Lake Forest, Illinois (via email and phone conversation) who advised me that through over three years of personal investigative work, his team had uncovered substantial evidence of judicial corruption and possible illegal White House collusion regarding various issues surrounding the McCook Metals, LLC/United Airlines bankruptcies including the distress-termination of employee defined-benefit pension plans. Additionally, he informed me that he had been coordinating his efforts with the white-collar criminal division of DOJ, the FBI, and other organizations and law enforcement officials.
Based on this information, in November, 2006 I wrote District Attorney Patrick Fitzgerald and numerous politicians imploring legal and political intercession in these grave matters given the compelling evidence and testimony that had been produced by Mr. Lynch and his team. (Encl) On December 11, 2006, the Screening Committee of Patrick Fitzgerald’s office wrote me and suggested that I contact you if I had ‘any evidence of violations of federal law’. (Encl) As you well know, Mr. Lynch does have substantial incriminating evidence pertaining to these legal matters and has discussed these facts with members of your white-collar criminal division.
Of late, I was advised that after several years of bureau cooperation with Mr. Lynch, the FBI recently suspended their investigation after the Lynch team introduced overwhelming evidence and testimony provided by organized crime informants and others that implicated certain FBI officers and incriminated numerous state and federal judges. When I heard this, I was at once both perplexed and dismayed, especially in light of the current controversy surrounding the firing of eight U. S. District Attorneys.
Given that the Bush administration has set priorities for U.S. District Attorneys in the cases they are to investigate, one might reasonably conclude that cases involving purported federal judicial corruption and possible illegal White House collusion in these bankruptcies do not rank high in priority for this administration. I realize that Mr. Fitzgerald’s office is limited in staff and that the Scooter Libby trial has taken precedent in his case load, but it does arouse one’s curiosity as to who in DOJ would suspend a criminal investigation into legal matters that involve the loss of pension benefits and other union contractual provisions surrounding a victim-airline of 9/11 in bankruptcy given the compelling evidence at hand. Both Senator Durbin and Senator Obama have been apprised of these matters as well. (Encl)
I have included several letters to various politicians petitioning their committee chairs to convene a congressional investigation into these grave legal issues. It is morally inconceivable for one to imagine that ostensibly this White House, through alleged illegal collusion with the Pension Benefit Guarantee Corporation (PBGC), financial institutions, criminal elements, and alleged corrupt federal judiciary would have the audacity to exploit the horrific events of 9/11 for selfish financial gain. I am certain that you will agree with me on this. The truth must be told as to what occurred and justice served. In that regard, we are all counting on the good services of your office to deliver.
Several hundred thousand angry disenfranchised airline employees nationwide are in receipt of this letter as well as the enclosed correspondence since the implications and ramifications for these workers and retirees are profound. Additionally, 40-million workers with defined-benefit pension plans from all industries across the country will be collaterally affected by your legal response to our petition.
I have been stonewalled at every step along the way at all levels of government. The issues at hand are potentially serious breaches of public trust and gross violations of federal law. I am merely a patriot exercising my constitutional rights of freedom of speech while demanding a fair and impartial system of justice unimpeded by external influences. Thank you for your consideration. I will patiently await your response.
Very respectfully submitted,
Dan Hanley
Encl: Letter dated April 12, 2006 to DOJ Gonzales, DOT Mineta, and DHS Chertoff
Letter dated July 3, 2006 from DOJ Gerald A. Toner
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated December 11, 2006 from District Attorney Patrick J. Fitzgerald
Letter dated November 13, 2006 to Congressman Henry Waxman
Letter dated November 18, 2006 to Senators Reid, Durbin, and Obama
Letter dated November 26, 2006 to Senator Carl Levin
Letter dated November 28, 2006 to DOJ Gonzales, Supreme Court Justice Stevens,
Senator Leahy, and Congressman Conyers
Letter dated January 25, 2007 to Senator Patrick Leahy
Letter dated January 25, 2007 to Congressman Conyers
Letter dated February 1, 2007 to Senator Kennedy
Letter dated February 1, 2007 to Congressman Miller
Cc: Airline Employees Worldwide
George Bush, President of the United States
Dick Cheney, Vice-President of the United States
Harriet Miers, White House Counselor
Karl Rove, Advisor to the President
Alberto Gonzales, Attorney General of the United States
Robert Mueller, Director of the FBI
District Attorney Patrick J. Fitzgerald
Senator Harry Reid
Congresswoman Nancy Pelosi
Senator Patrick Leahy
Senator Richard Durbin
Senator Barak Obama
Senator Carl Levin
Congressman George Miller
Congressman Henry Waxman
Congressman John Conyers
Members of the Whistleblowing United Pilots Association
TV and Print Media Outlets
Captain John Prater, ALPA National President
Captain Mark Bathurst, United Airlines ALPA President
Glenn Tilton, CEO United Airlines
September 1, 2007
4204 Lakeside Way
Newnan, Georgia 30265
Ms Alice S. Fisher – Asst Attorney General
Department of Justice – Criminal Division
950 Pennsylvania Avenue
Washington, D.C. 20515
Senator Charles E. Schumer
Chairman - Judiciary Subcommittee on Courts313 Hart Senate Office Building
Washington, D.C. 20515
Congressman John Conyers, Jr.
Chairman - House Judiciary Committee
2426 Rayburn House Office Building
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Ms. Fisher and Gentlemen,
Since shortly after 9/11, I have been stonewalled at all levels of federal government for attempting to help expose possible federal criminal wrongdoing associated with the United Airlines bankruptcy. In the fall of 2005, through the collusion of many airline employees from all airlines across the nation, a grassroots coalition of honest and concerned airline employees and others was developed whose purpose has been to help discover the truth and serve appropriate justice on those white-collar criminals who perpetrated crimes associated with post-9/11 airline bankruptcies. The name of this organization is the Whistleblowing United Pilots Association.
Kindly review the attached correspondence. There exists very strong material evidence and witness testimony, which supports allegations of judicial corruption and other white-collar criminal activity associated with the United Airlines/McCook Metals LLC bankruptcies. As you know, the United Airlines bankruptcy and the subsequent distress-termination of employee pensions were the largest in U.S. history. As a result of these proceedings, billions of dollars of employee pension obligations were handed over to the Pension Benefit Guarantee Corporation (PBGC) and hence, onto the backs of the American taxpayers. Besides alleged defrauding of the U.S. taxpayer, the evidence and testimony mentioned above also supports allegations of criminal acts that possibly violate RICO statutes.
On April 12, 2006, I wrote Attorney General Alberto Gonzales petitioning his good office to join us in our noble crusade. (see attached) On July 3, 2006, I received a written reply from DOJ Gerald A. Toner, Assistant Chief for Labor-Management, Racketeering Organized Crime and Racketeering Section wherein he suggested that I bring related evidence of criminal activity to the nearest FBI office.
In July 2006, I had a chance encounter with Mr. Michael Lynch, former Chairman of McCook Metals LLC, who presented compelling evidence to others and me that supported our claims. Rather than reiterate our subsequent actions, kindly review the attached letters to District Attorney Patrick Fitzgerald dated November 20, 2006 and FBI Chicago Director Robert Grant dated April 1, 2007. Our concerns were ultimately stonewalled in a letter dated May 16, 2007 from the administrative arm of the FBI Public Corruption Unit who did not even bother reviewing the material that was forwarded to them by FBI Chicago.
After almost six years of federal law abidance as a whistleblower, I am frustrated as are members of the subject association, but we will never give up, nor will those operating in concert with our group. Very strong evidence and witness testimony, which supports serious breeches of federal law involving the bankruptcy and pension termination of 9/11 victim United Airlines has been suppressed. This is the ultimate stonewall and cannot be tolerated.
The Department of Justice needs to explain to airline employees nationwide the reason(s) they have disallowed witness protection for criminal informants in this case. Additionally, since DOJ establishes priorities for cases in accordance with presidential directives, it would appear to a casual observer that justice has turned a blind eye in the case of the United/McCook bankruptcies. Kindly explain this oversight to us; as American citizens and taxpayers, we deserve and demand an explanation.
Bethlehem Steel, UsAir, United, Delta, Northwest, Delphi…who’s next? The truth will eventually be told, justice served, and the court of public opinion shall judge as to who operated in the noblest manner in accordance with the precepts established by the Constitution of the United States. We still do have some semblance of a constitutional government; judicial corruption is a serious breech of public trust.
Since the federal government (and in particular the Department of Justice) has failed miserably in supporting our noble cause and since the past six years of a GOP-controlled rubber-stamp Congress has failed to exercise the requisite judicial oversight authority in these matters, we have petitioned the good offices of Senators Leahy and Schumer as well as Congressman Conyers to intercede on our behalf. We are highly confident that their honesty and fairness in dealing with these issues will bring the truth to public light.
I have forwarded a certified hard copy of this email letter to you for your records as well as to courtesy copy recipients below. Please be advised that part of the Whistleblowing United Pilots Assn organization consists of a telescoping email network that provides the widest email dissemination to all airline employees nationwide in addition to other industries’ employee workforce who are concerned with regard to potential loss of defined-benefit pension plans. There are many such concerned individuals that have received a blind copy of this letter via this email and will be awaiting your reply.
Very respectfully,
Dan Hanley
Encl: Letter 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 November 28, 2006 to DOJ Gonzales, Supreme Court Justice Stevens,
Senator Leahy, and Congressman Conyers
Letter dated January 25, 2007 to Senator Leahy
Letter dated January 25, 2007 to Congressman Conyers
Letter dated January 25, 2007 to Senator Schumer
Letter dated January 25, 2007 to Senator Feingold
Cc: Airline Employees Worldwide
Members of the Whistleblowing United Pilots Assn
President George Bush
Vice-President Dick Cheney
Fred Fielding – Counsel to the President
Outgoing Attorney General Alberto Gonzales
Acting Attorney General Paul Clement
FBI Director Robert Mueller
District Attorney Patrick Fitzgerald
FBI Chicago Director Robert Grant
Senator Harry Reid
Congresswoman Nancy Pelosi
Senator Patrick Leahy
Senator Chuck Schumer
Senator Dick Durbin
Senator Barak Obama
Congressman John Conyers
Congressman Henry Waxman
Congressman George Miller
Democratic Members of the Senate and House Judiciary Committees
Independent broadcast and print media outlets
Captain Mark Bathurst, United Airlines ALPA President
February 22, 2008
4204 Lakeside Way
Newnan, Georgia 30265
Mr. Robert Grant
Special Agent-in-Charge
Federal Bureau of Investigation
U.S. Department of Justice
2111 West Roosevelt Road
Chicago, Illinois 60608
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Grant,
On April 1, 2007, I sent the attached letter to your office and it was routed to the Washington FBI Public Corruption Unit office. In response, this office sent me the attached letter dated May 16, 2007 advising me to contact the Atlanta FBI field office with evidence that I might possess, which supported the alleged white-collar federal criminality alluded to in my April 1st letter to your office. (Exhibits G and J) Since I knew that your office had already been briefed on these matters, and since most of the criminal informants that required federal witness protection resided in the Chicago area, I chose not to visit the Atlanta FBI office (among other political reasons at the time).
On September 1, 2007, I sent the attached letter to Deputy Assistant Attorney General Alice Fisher- Criminal Division, outlining our case and addressing the issue of federal witness protection for criminal informants. (Exhibit K) On October 10th, I received an unsolicited offer of support from my home state Congressman Lynn Westmoreland (R-GA) to politically intercede on my behalf with the Department of Justice. (Exhibit N) Concurrently, on October 22, I received a similar letter from my home state Senator Saxby Chambliss. (Exhibit O) Then, just two weeks later, I received a letter response from Senator Chambliss advising me that he had no jurisdiction in this matter. (Exhibit P)
On December 12, a letter was received from DOJ Mr. Gerald A. Toner, Assistant Chief for Labor-Management Racketeering, Organized Crime and Racketeering Section, in which he forwarded me a copy of a letter sent to Congressman Westmoreland from Deputy Assistant Attorney General John Keeney dated December 5th. (Exhibit U-W1-W2) On December 18th a similar letter was received from Congressman Westmoreland with the same letter attached. (Exhibit V)
Because the December 5th letter from Mr. Keeney apparently skirted many of the issues addressed in the September letter to Ms. Fisher, a letter response was sent on February 10th to his office inquiring as to why these issues had not been addressed in his letter to me. (Exhibit X) I am presently awaiting a response from him.
On February 14, I phone contacted the office of the FBI in Chicago and filed a federal complaint with Agent David Barusko, who was on duty at the intake unit desk. (Complaint # 2008-9580) During our conversation, I outlined the nature of the complaint, while explaining the requirement for witness protection of criminal informants. He advised me that determination of physical risks to informants was made at the upper level departments of DOJ based on evidence and testimony provided due to the costs involved in providing federal marshals. Agent Barusko went on to explain that it was a 'Catch-22' situation because no protection is afforded during the time frame in which DOJ is evaluating the case.
Agent Barusko suggested that perhaps others and myself would feel more secure meeting with agents at an undisclosed location of our choosing, which he intimated could be arranged in advance. He also offered to transfer my file over to the white-collar criminal division where I could further discuss arrangements with the agent assigned to my case. I advised him that I needed to speak with my attorneys as well as others involved in the case, and that I would merely be reiterating what I had just stated to him, when I was uncertain whether to move forward without further legal consultation.
Because of the current disarray observed at the Department of Justice, many citizens are wary of certain federal law enforcement processes at present. To a certain degree, I share these same sentiments and consequently feel that others and myself need protection, both legally and physically to move forward with a meeting. Since the issues involved are most sensitive and involve huge sums of money, as they are directly related to the United Airlines bankruptcy, the largest of such in history, I am challenged to feel secure in the above stated arrangement without the establishment of preconditions for a meeting.
Assuming a meeting date can be established, it is hereby requested that the following conditions be met:
1) The location, date, and time will be establish by our parties to be announced at a later date.
2) The entire meeting will be digitally video recorded to preserve the legal integrity of information provided.
3) Additionally, audio transcripts of the meeting will be digitally recorded.
3) Attorneys will be present for legal advisement.
4) Although not established yet as a requirement, legally armed guards may accompany informants to and from the meeting for physical protection at our expense, since federal witness protection will be pending DOJ approval at the time of the meeting.
Due to the sensitivity of the issues involved, coupled with the financially powerful and sinister forces and institutions that might be implicated in this case, since the government will not necessarily protect informants, the citizens must reserve the right to self-protection while attempting to uphold federal law in support of the U.S. Constitution. Freedom of speech is our right; upholding federal laws is part of our civic responsibility; failure to report an observed federal crime is a dereliction of our patriotic duty as citizens, what's more, it's against the law.
I am merely a U.S. citizen who is attempting to be patriotic, while abiding by federal law in support of the Department of Justice mission statement:
" To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."
Kindly allow others and myself to support the department mission by fulfilling our patriotic duty in addressing our federal legal concerns, while concurrently being assured protection for the federal whistleblowers willing to step forth with evidence and testimony. Your having previously sighted the signed and sworn affidavits attached to this email, I will patiently await your response.
Very respectfully,
Dan Hanley
Member - Whistleblowing United Pilots Association
cc: Senator Patrick Leahy
Senator Carl Levin
Congressman George Miller
Congressman Henry Waxman
Attorney General Michael Mukasey
Deputy Asst Attorney General John Keeney
Deputy Attorney General Alice Fisher
FBI Director Robert Mueller
District Attorney Patrick Fitzgerald
SEC Chairman Christopher Cox
SEC Chicago Director Juliet Gardner
PBGC Inspector General Deborah Stover-Springer
Whistleblowers.org
National Judicial Conduct and Disability Law Project, Inc.
United CEO Glenn Tilton
United CFO Jake Brace
United General Counsel Paul Lovejoy
United COO Pete McDonald
United ALPA Chairman Steve Wallach
United ALPA Vice-Chairman Jeff Barath
United ALPA Sec-Treasurer Joe Genovese
Members - Whistleblowing United Pilots Assn
Members - Committee for the Restoration of Pensions at United Airlines
Print media contacts
Whistleblowing United Pilots Association
"Patriotism and Freedom of Speech in Action"
February 6, 2009
4204 Lakeside Way
Newnan, Georgia 30265
Eric Holder – Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Holder,
On behalf of the subject association, please allow me to extend to you our sincerest congratulations and best wishes on your recent confirmation as attorney general, the highest law enforcement official in our great nation. As such, we hold great hope that you share in President Obama’s promise of change in governance enabling a greater openness in our government and law enforcement agencies, thereby routing out the cancerous white-collar corruption that has permeated throughout all levels and branches of government and business the past several years.
In consonance with the Department of Justice stated mission, all members of our association share these same hopes and visions for a better tomorrow.
"To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."
Established in April 2006, 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 April 12, 2006, I sent the attached letter to then Attorney General Alberto Gonzales announcing the establishment of our association, while petitioning his support of our grassroots efforts. Four months later in a letter response dated, DOJ Gerald Toner advised me to contact an FBI office with evidence of alleged federal criminality.
On November 20, 2006, I wrote District Attorney Patrick Fitzgerald a letter advising him of our knowledge of the existence of federal criminal evidence, while asking for his prosecutorial support in this case.
On December 11, 2006, I received a letter from the office of Patrick Fitzgerald suggesting that I contact Robert Grant, Chicago FBI Special Agent-in-Charge, if I had 'any evidence of violations of federal law'.
Without expounding, on April 1, 2007, I wrote the attached letter to Mr. Grant that was forwarded by his office to the FBI DC Public Corruption Unit, an administrative arm of the FBI, who responded in a letter dated May 16, 2007 by suggesting that I contact the FBI Field office in Atlanta. Because I was aware that FBI Chicago already had a filed open federal complaint on a matter related to this case, as well as other issues under consideration at the time, I chose not to contact this specific office for reasons that I will not outline in this letter.
On February 2, 2009, I paid a visit to the Office of the FBI in Chicago for the express purpose of delivering federal criminal evidence and a list of witnesses, but this information was declined by an agent in this office. Additionally, I was informed that the FBI did not intend to prosecute this case, even though no one within the bureau had reviewed the tiniest shred of evidence. I am nonplussed, as are members of our association.
On this same date, I transmitted the attached letter to Chicago FBI Special Agent-in-Charge Robert Grant expressing our concerns regarding the fact that due process of federal law was not being served in this case, even though I was merely adhering to DOJ recommendations on three separate occasions to contact the FBI if I had evidence of alleged federal criminality as a Sarbanes-Oxley whistle blower.
As our newly-appointed highest federal law enforcement official in government, request is hereby made that the Department of Justice kindly provide our membership the reason(s) as to why said evidence has been refused by the department resulting in the apparent unconcern of alleged federal criminality surrounding the United Airlines bankruptcy. Other agencies of the federal government have been contacted on relevant legal issues in this case as well, and I have included this related correspondence for your perusal.
President Obama campaigned on a promise of open government, which included the exposition of white-collar corruption, untoward lobbyist pressures, and excessive executive compensation. Although encumbered with current economic problems and many other pressing issues, it is hoped that he will fully support whistle blowers willing to step forth to expose white-collar corruption, given the sorry state of economic affairs in this country which, in part, has been caused by corrupt schemes derived by the likes of Bernie Madoff and others.
The overriding concern and consideration more generally addressed herein is whether or not we do, in fact, have whistle blower laws in this country, but more importantly the question as to whether the federal agencies empowered to investigate and prosecute alleged white-collar criminality while protecting the rights of whistle blowers still exists. We want to believe that the United States has a system of federal laws, legislated by Congress, enacted by the President, with legal processes in place to ensure adherence.
Our association membership embraces the precepts enshrined in our sacred Constitution, which ensures first amendment freedom of speech rights by patriots who stand guard against diminishments of these ideals. The citizens of this great land do not need a Patriot Act to delegate 'patriotism', as it was exemplified by the courageous words and deeds of our forefathers who were willing to risk their lives in support of these virtues and ideals. Our association motto is "Patriotism and Freedom of Speech in Action" in consonance with this same theme.
Reflecting on the words offered to Attorney General Gonzales in April 2006:
“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”.
Our association membership asserts that much of the truth regarding federal white-collar criminality in this case has been uncovered. Service of federal justice is a jurisdictional matter outside the association domain of control. It is a Department of Justice function. Ordinary grassroots citizen groups should not be required to investigate and prove federal criminality, as this is a Department of Justice function also. Will you join us in our just and noble cause in support of the stated mission of the Department of Justice? To date, our association efforts have been most ineffective in our legally persuasive processes of the past.
Very respectfully,
Dan Hanley
Spokesperson – Whistleblowing United Pilots Association
Encl: Letter dated April 12, 2006 to AG Gonzales, DHS Chertoff, and DOT Mineta
Letter dated July 3, 2006 from DOJ Gerald Toner
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated December 11, 2006 from District Attorney Patrick Fitzgerald
Letter dated April 1, 2007 to Chicago FBI Special Agent-in-Charge Robert Grant
Letter dated May 16, 2007 from FBI DC Public Corruption Unit Michael Anderson
Letter dated September 1, 2007 to Asst AG Fisher, Leahy, Schumer, Conyers
Letter dated December 5, 2007 from Deputy Asst AG John Keeney
Letter dated February 10, 2008 to Deputy Asst AG John Keeney
Email dated February 2, 2009 to Chicago FBI Special Agent-in-Charge Robert Grant
Letter dated January 25, 2009 to Calvin L. Scovel, DOT Inspector General
Letter dated January 28, 2009 to H. David Kotz, SEC Inspector General
Letter dated January 31, 2009 to Gordon S. Heddell, DOL Inspector General
Letter dated January 31, 2009 to Glenn A. Fine, DOJ Inspector General
Letter dated January 31, 2009 to President Barack Obama
Letter dated February 2, 2009 to Eric Thorson, Treasury Inspector General
Letter dated January 26, 2009 from Government Accountability Project Coalition to President Barack Obama
cc: President Barack Obama
Vice-President Joe Biden
Rahm Emanuel - Chief of Staff to the President
Calvin L. Scovell - Inspector General, Department of Transportation
H. David Kotz – Inspector General, Securities and Exchange Commission
Gordon S. Hedell – Inspector General, Department of Labor
Glenn A. Fine – Inspector General, Department of Justice
Eric Thorson – Inspector General, Department of Treasury
Rebecca Batts - Inspector General, Pension Benefit Guarantee Corporation
Senator Patrick Leahy - Chairman, Senate Judiciary Committee
Senator Charles Grassley - Member, Senate Judiciary/Finance Committees
Senator Daniel Akaka - Chairman, Senate Government Management/Federal Workforce/DC Committee
Senator Carl Levin - Chairman, Senate Permanent Subcommittee on Investigations
Max Clellan - Former Democratic Senator from Georgia
Senator Saxby Chambliss (R-GA)
Congressman Lynn Westmoreland (R-GA)
Congressman John Conyers, Jr. Chairman, House Judiciary Committee
Congressman Henry Waxman, Chairman, Government Oversight Committee
Congressman George Miller, Chairman, Health, Education, Labor, and Pension Committee
Rita Glavin - Acting Assistant Attorney General, Criminal Division
Robert Mueller - FBI Director
Patrick Fitzgerald - District Attorney, Northern District of Illinois
Robert Grant - Chicago FBI, Special Agent-in-Charge
Mary Schapiro – SEC Chairman
Merri Jo Gillette - Chicago SEC, Regional Director
Eric Lichtblau - New York Times Investigative Journalist
Mary Williams-Walsh - New York Times Investigative Journalist
Jeff Bailey - New York Times Investigative Journalist
David Cay Johnston - Pulitzer Prize Winning Investigative Journalist/Author
Paul Krugman - New York Times Reporter/Nobel Laureate in Economics
Richard Duprey - Journalist, 'The Motley Fool'
John Perkins - Author
Jan Schwartz - CEO, Forensic Fraud Research, Inc.
Holly Hegeman - Editor, 'Plane Business'
Keith Olberman - NBC News Correspondent
Chris Matthews - NBC News Correspondent
Rachel Maddow - NBC News Correspondent
Lou Dobbs - CNN News Correspondent
Ed Schultz - Public Talk Radio Show Host
Michael Lynch - Associate
Tom Devine - Legal Director, Government Accountability Project
United Airlines Board of Directors
Captain John Prater - President, Air Line Pilots Association
Captain Steve Wallach - United ALPA Master Executive Council Chairman
Members of the Whistleblowing United Pilots Association
January 31, 2009
4204 Lakeside Way
Newnan, Georgia 30265
Glenn A. Fine – Inspector General
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
SUBJ: WHISTLEBLOWING UNITED PILOTS ASSOCIATION
Dear Mr. Fine,
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.
Since November 20, 2006, the Department of Justice has been apprised of the availability of criminal evidence in support of allegations of corruption in the United Airlines bankruptcy when a letter was mailed to District Attorney Patrick Fitzgerald’s office advising him of this.
On December 26, 2006, a letter was received from his screening committee advising me to contact Chicago FBI Special Agent-in-Charge Robert Grant with this information.
On April 1, 2007, a letter was sent to Mr. Grant advising him of the same, while addressing concerns that, in light of the recent district attorney firings at the time, perhaps untoward upper-echelon Department of Justice pressures were being exerted to preclude the continuance of an investigation on related evidence and witnesses that had stepped forth.
Mr. Grant never responded to this letter, but on April 16, 2007 a letter was received the Public Corruption Unit of the Washington FBI office, a branch with a purely administrative function, suggesting that I contact the office of the FBI in Atlanta, Georgia. Since FBI Chicago had already been briefed on some of the legal matters pertaining to this case, and since many of the witnesses resided there, I decided that at that point in time, this not to be the most prudent course of legal action.
Because of persistent stonewalling regarding other branches of government, on September 1, 2007, I sent a letter to then Assistant Attorney General-Criminal Division Alice Fisher, Senator Leahy, Senator Schumer, and Congressman Conyers a letter to inform them of the availability of witnesses and criminal evidence, while describing our frustration in moving the case forward in the legal/political arena without adequate witness protection for criminal informants.
On October 18, 2007, under the auspices of the Sarbanes-Oxley Act of 2002, I filed for federal whistle blower protection in letters to Senator Carl Levin, Chairman of the Senate Permanent Subcommittee on Investigations, and Christopher Cox, Chairman of the Securities and Exchange Commission, which included signed and sworn affidavits provided by myself and an associated. Additionally, federal witness protection was requested, given the critical issues that had been addressed in these affidavits.
On October 22, 2007, an unsolicited letter was received by me from my home-state of Georgia Senator Saxby Chambliss advising me that he had contacted the Department of Justice on this matter and would respond to me as soon as information became available to him.
On November 5, 2007, Senator Chambliss responded to me by saying, “that, I, as a U.S. senator, have no jurisdiction over matters such as these.”
On November 5, 2007, a letter was received from SEC Senior Counselor Juliet Gardner thanking me for my ‘views’, while advising that if the SEC had any further questions, they would contact me, which they have not.
On December 12, 2007, a letter was received from Gerald Toner, DOJ Assistant Chief for Labor-Management Racketeering-Organized Crime and Racketeering Section, with a letter enclosed from John Keeney, DOJ Deputy Assistant Attorney General, in response to the letter that I had mailed to Ms Fisher on April 1, 2007. Unfortunately, Mr. Keeney skirted the very issues I had addressed in my letter to Ms Fisher.
On February 10, 2008, I responded to Mr. Keeney by pointing out the fact that my originally questions had not been addressed, while specifically quoting the exact text of sections of the Fisher letter. Unfortunate for me, I believe that it was during this time frame that Mr. Keeney left DOJ, as there were other allegations he was facing at the time. I did not receive a response to this letter from anyone else at DOJ.
Recognizing that I had already exposed myself to criminal elements with the information provided, and that I was not being afforded Sarbanes-Oxley whistle blower or other protections as prescribed by federal law, with no congressional committee response to letters written either, on February 14, 2008, I filed a criminal complaint (#2008-9580) with Agent David Barusko of the Chicago FBI office pending forthcoming evidence and witness testimony, which required witness protection for criminal informants. During this conversation, Agent Barusko advised me that a meeting could be arranged with agents at an undisclosed location of our time and choosing to present evidence, but I informed him that I would have to consult with attorneys and associates before accepting this offer.
(A few weeks ago I confirmed that the file on this complaint was still open and requested that the agent I talked to hold the complaint file open, which he assured me he’d do).
On February 22, 2008, a letter was mailed to Robert Grant advising him of my phone conversation with Mr. Barusko, while establishing self-protective conditions for arrangement of the meeting. Mr. Grant never responded to this letter.
It has now been twenty-six months since the Department of Justice was notified of the availability of criminal evidence. There has been no legal or political response from the Department of Justice or Congress.
Recently, letters were mailed to the Office of the Inspector General of the Department of Transportation, Labor, and Treasury, as well as the Securities and Exchange Commission and Social Security Administration requesting that these offices conduct investigate allegations of potential criminality on a number of issues all pertaining to this case. Ordinary citizens should not have to go to these lengths to solve crimes, as this is the function of the Department of Justice.
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.
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
When individual whistle blowers garner the courage to step forth with criminal evidence, they do so with the hope and promise that laws will be upheld and the agencies assigned to enforce them will perform these duties. I am presently a disenfranchised federal whistle blower on a number of related issues who foolishly believed that there were whistle blower laws and law enforcement agencies to protect me once I spoke out. Fool me once…
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.
In the near future, our association members will be providing evidence and witness testimony to the Department of Justice and expect full cooperation and protection.
Very respectfully,
Dan Hanley
Spokesperson – Whistleblowing United Pilots Association
Encl: Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Letter dated December 26, 2006 from Patrick Fitzgerald
Letter dated April 1, 2007 to Chicago FBI Special Agent-in-Charge Robert Grant
Letter dated April 16, 2007 from FBI Washington, DC
Letter dated September 1, 2007 to Assistant Attorney General-Criminal Division Alice Fisher
Letter dated October 18, 2007 to SEC Chairman Christopher Cox
Letter dated October 18, 2007 to Senator Carl Levin
Affidavit of Daniel W. Hanley dated October 25, 2007
Letter dated October 22, 2007 from Senator Saxby Chambliss
Letter dated November 5, 2007 from Senator Saxby Chambliss
Letter dated November 5, 2007 from SEC Senior Counsel Juliet Gardner
Letter dated December 12, 2007 from DOJ Gerald Toner
Letter dated February 10, 2008 to Assistant Attorney General John Keeney
Letter dated February 22, 2008 to Chicago FBI Special Agent-in-Charge Robert Grant
Letter dated October 18, 2007 to Senator Patrick Leahy
Letter dated October 18, 2007 to Senator Ted Kennedy
Letter dated October 18, 2007 to Congressman Henry Waxman
Letter dated October 18, 2007 to Congressman John Conyers, Jr.
Letter dated October 18, 2007 to Congressman George Miller
Letter dated January 26, 2009 - Government Accountability Project Coalition
cc: Senator Charles Grassley – Ranking Member, Senate Finance Committee
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Senator Patrick Leahy - Chairman, Senate Judiciary Committee
Senator Daniel Akaka - Chairman, Government Management, the Federal Workforce and the District of Columbia Committee
Congressman Henry Waxman – Chairman, Government Oversight Committee
Congressman John Conyers, Jr. - Chairman, House Judiciary Committee
Congressman George Miller - Chairman, House Health, Education, Labor, and Pensions Committee
Gordon S. Heddell - Inspector General, Department of Labor
H. David Kotz - Inspector General, Securities and Exchange Commission
Mary Schapiro – Chairman, Securities and Exchange Commission
Merri Jo Gillette – SEC Midwest Regional Director
Patrick P. O'Carroll - Inspector General, Social Security Administration
Eric Thorson - Inspector General, Department of Treasury
Calvin L. Scovel - Inspector General, Department of Transportation
Eric Holder - Attorney General
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
Mary Williams-Walsh - New York Times Investigative Journalist
Eric Lichtblau - New York Times Investigative Journalist
David Cay Johnston - Pulitzer Prize Winning Author/Investigative Journalist
Paul Krugman - Nobel Laureate in Economics/Journalist
Members of the Whistleblowing United Pilots Association
___________________________________________________________
Affidavit of Daniel William Hanley in Support of the Securities and
Exchange Commission and Department of Justice Investigation of
Alleged Fraud in the United Airlines Post-9/11 Chapter 11 Bankruptcy
___________________________________________________________
I, Daniel William Hanley, being first duly sworn, on oath, states as follows:
1. I am of legal age and competent. This affidavit is made on my personal knowledge of all matters set forth and referenced herein. If sworn and called as a witness in this case, I could, and I would, testify competently as to each fact set forth and incorporated herein by reference.
2. The alleged facts supported with evidence are true and correct to the best of my personal knowledge of the facts, evidence, information and belief.
3. I have 35 years of combined Naval aviation and United Airlines pilot experience with a total of approximately 20,000 flight hours in numerous civilian and military aircraft. I served with distinction as a naval officer and have an untarnished flying record in that I have never failed a flight check ride or physical examination, nor ever received a flight violation in my 35 year career.
4. On September 11, 2001, I served as a Boeing 777 captain based out of JFK International Airport in New York City and had flown many flights between JFK and London’s Heathrow Airport prior to that date. I flew the third United Airlines flight out of Newark Airport to London in the week following 9/11 during the time frame that very little added security was afforded to passengers and aircrew members, which was quite contrary to statements being made by President Bush and others at the time. Many of the Newark-based flight attendant crew members that I flew with during the next many months were close friends with the flight attendants who lost their lives on United Airlines flight 93 that crashed in Shanksville, Pennsylvania on September 11th and were very concerned about the lack of security onboard the aircraft.
5. Approximately two months later, after I had filed numerous in-house company reports attempting to point out security frailties still existent in the system, I had numerous phone conversations with my JFK Air Line Pilots Association (ALPA) union chairman Captain Mark Seal who informed me of the Washington politics that had been injected into the discussion that precluded his invention or support.
6. Additional phone conversations between my United Airlines JFK Chief Pilot Captain Bob Spielman advised me of the same difficulties both with management and in Washington, DC. As a result of these discussions, I filed a Captain’s Report with United Airlines flight management in hopes of bringing these same frailties to company management’s attention.
7. Shortly thereafter, I received a phone call from Captain Spielman advising me that the United Airlines Executive Vice-President of Safety, Captain Ed Soliday, had personally phone-contacted him asking him if he knew me personally. According to Captain Spielman, Captain Soliday remarked, “You tell that son-of-a-bitch that if he thinks that he can do a better job than me, then effective Monday morning he can serve as the Vice-President of Safety for United Airlines” (sic)
8. It was during this phone conversation with Captain Spielman that he requested of me not to submit any further FAA mandated reports to company management without first informing his office of the content. I reminded Captain Spielman that I had, in fact, addressed every issue contained in the company report with both him and ALPA Local Executive Council 52 Chairman Captain Seal and intended to follow both company regulations and the Federal Aviation Administration procedures outlined in our flight operations manual in reporting both safety and security issues to company management in the future.
9. During this time frame, because neither company management nor ALPA officials provided me with the airline passenger security support I had requested, I resorted to contacting outside experts in this area for advice. Many phone calls were made by me between both union and United Airlines management personnel during this time frame while trying to keep the obvious security frailties outside the public domain in an airline market place that was already financially bleeding to death during the bankruptcy process.
10. Without expounding on the transpiration of subsequent events, I have appended a copy of a sworn affidavit submitted to the Senate Aviation Subcommittee hearing that was chaired by Senator Byron Dorgan on June 17, 2009 regarding the Colgan Air 3407 accident for your perusal, which is part of congressional public record. The chronology of events pertaining to my ‘hostile work environment forced psychiatric evaluation’ that enabled my medical grounding, as well as an affidavit regarding my 35-year resume of pilot experience is contained therein.
11. After expulsion from United Airlines property on what I allege was a ‘hostile work environment forced psychiatric evaluation’ not unlike the cause for termination of National Security Agency federal whistleblower Russell Tice and many other civil and government employees, during the course of the past few years I have asked the Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Department of Homeland Security (DHS), and the Department of Justice (DOJ) to investigate this issue involving public air transportation safety and security, but have been stonewalled at every turn.
12. In 2006, both the Department of Homeland Security and the Department of Justice deferred my case to the Department of Transportation who stonewalled me for three years before recently closing my case without interviewing a single witness nor reviewing available evidence, which alleged possible violations of RICO statutes and federal aviation regulations.
13. The Department of Transportation Assistant Inspector General Bob Westbrooks had the audacity to close my case on frivolous grounds that I did not meet the AIR 21 requirement to report my findings to the Department of Labor Occupational Safety and Health department. My intent in filing the FAA Whistle Blower Report was not to seek reinstatement in my job as a B-777 captain at United Airlines, but to report to this commercial aviation oversight agency allegations of a serious crime(s) committed by the Federal Aviation Administration, senior United Airlines management, and possibly the officers of the Air Line Pilots Association at United Airlines.
Social Security Disability Income Fraud
14. In early 2004, in accordance with the ALPA work contract with United Airlines, Inc., I was obliged to apply for both workman’s compensation and Social Security Disability Income (SSDI) even though I was fully capable of employment, but not as a pilot due to the loss of my federally-issued airman’s medical certificate. The contract also required that after the initial denial of both workman’s compensation and SSDI, I would be obliged to appeal for this disability through the administrative law process in Atlanta, Georgia to which I complied.
15. In mid-2008 prior to appearance in the court of administrative law Judge F. Jefferson Hughes, I was put in contact with New York Times reporter Mary Williams-Walsh who had authored a series of articles pertaining to SSDI fraud and I agreed to obtain a copy of the court transcripts of my appeals hearing, which I did. Much of what I stated and was digitally-recorded under oath before Judge Hughes involved alleged RICO issues stated above as well as purported violations of federal aviation regulations that I strongly feel would support the current SEC investigation of United Airlines in Atlanta. Others and myself have copies of the digitally-recorded court transcripts available on request.
16. Subsequent to this hearing, I filed an SSDI fraud report with the office of SSA IG Patrick O’Carroll and spoke on the phone a few times with Senator Grassley staffer Brian Downey regarding the specifics of my case. Additionally, in June 2009 while in DC, I paid a visit to Senator Grassley’s office and dropped an evidence file with Mr. Downey. To date, I have not received a single response from this office. The Office of the Social Security Administration Inspector General Patrick P. O’Carroll has not responded to my fraud report submitted to this office in 2008 nor a follow-up letter from me of January 2010.
United Airlines Bankruptcy Fraud
17. As mentioned before, I allege that I was removed from scheduled flight operations as a United Airlines B-777 in 2003 because I suggested in correspondence that possible violations of RICO statutes and federal laws and regulations were infringing on my ability to report legitimate safety and security concerns via appropriate afforded communications channels within United Airlines and the Federal Aviation Administration. Based on knowledge and information received since that time, I allege that sufficient evidence and witness testimony is available to prove my original 2003 assertions for the reasons stated herein.
18. Based on face-to-face/phone conversations with numerous United Airlines junior managers and Air Line Pilots Association officers regarding questionably legal and political pressures being exerted as a result of United Airlines bankruptcy filing, I commenced a letter writing campaign coupled with the submission of federally-mandated safety and security reports. The personal tragedy for me in this regard lies in the fact that the very pilots who encouraged me to continue to submit these letters/reports, in the end, turned their back on me as I was ushered out the door. Some of these pilots have since admitted to me their wrongdoing and are willing to step forth as witnesses in support of my testimony, but the Department of Transportation Inspector General Calvin Scovel has ignored my request for an investigation.
19. In a recent phone conversation with Scott Harding, the Compliance Officer in the office of the Department of Transportation Inspector General, he asked me why I waited until April 2006 to file a report with the FAA regarding criminal wrongdoing in my case. The reasons stated below will justify my delayed action in reporting these matters to relevant government officials.
20. Because the United Airlines FAA Principle Operation Inspector ignored my initial reports in 2003 when Bush occupied the Oval Office, I was made aware of the appointment of attorney Kirk Van Tine as general counsel for the Department of Transportation who left Baker-Botts law firm just prior to 9/11 to serve in this capacity. Mr. Van Tine also served as one of the three voting members of the Airline Transportation Stabilization Board that rejected the United Airlines application for a loan guarantee that might have precluded the filing of Chapter 11 bankruptcy.
21. I honestly believed that any attempt to file a report with the FAA at this time would be blocked by his office. His boss, former Secretary of State James Baker served as an officer of the Carlisle Group at the time and was a long-time friend of the Bush family and the House of Saud. Additionally, I did not wish to risk exposure of alleged corruption in the bankruptcy by public exposure that might risk a successful restructuring of United Airlines, nor at the time, did I not possess ample evidence/witnesses to fully support my 2003 RICO allegations and other assertions. I was, however, in contact with numerous print media journalists and others who commenced following my case as I progressed towards accumulating sufficient evidence and witnesses to back my assertions.
22. In early 2006, with the defined-benefit pension plan termination at United Airlines as part of their restructuring plan for emergence from bankruptcy with the approval of Chief Bankruptcy Judge Eugene R. Wedoff, the campaigning Democratic party candidates were making promises to citizens of ‘draining the swamp’ and ridding us of the culture of corruption’, which I fully trusted would happen after the horrific Bush years.
23. With United Airlines emerging from bankruptcy, the evolution of this grassroots effort was affected by the behind-the-scenes email/phone exchanges between many active and retired pilots all of whom realized the gross financial disenfranchisement and accompanied massive union contract concessions effected by the bankruptcy process. Believing in the Democratic Party campaign promise for change, I volunteered to serve as public spokesperson for the ‘Whistleblowing United Pilots Association’, which was the name selected at the time and later changed to the ‘Whistleblowing Airline Employees Association’ as the membership numbers and broad cross-section of various airline-related employees increased in size.
24. On April 12, 2006, on behalf of our association, I sent a joint letter to then Attorney General Gonzales, Department of Homeland Security Chertoff, and Transportation Secretary Mineta, advising them that I was a federal whistleblower who had reported on air safety and security issues via a filed FAA Whistleblower Protection Report and also of the establishment of the grassroots Whistleblowing United Pilots Association, while asking for their cooperation and assistance. Copies of this letter was also sent to every Democratic U.S. senator. Additionally, I sent a letter to the American Civil Liberties Union offices in New York and Atlanta and followed up with phone calls to these same offices petitioning their assistance. None of these offices responded to these letters save the American Civil Liberties Union who advised me that they would not represent my interests.
25. On May 12, 2006, I received a letter from DHS Bryan, which ignored the fact that I wanted to report security issue frailties, but assured me that the Department of Transportation would handle my FAA Whistleblower Report in a timely manner. In essence, although my submitted federal reports contained issues of grave concern regarding TSA security and other matters, the Department of Homeland Security totally ignored these issues by deflecting my case to the Federal Aviation Administration, which ignored/stonewalled me for three years before recently closing my case without interviewing a single witness or reviewing substantial supporting evidence.
26. The Department of Transportation never responded to my April 12th letter and ‘lost’ my first FAA Whistleblower Protection Report submitted to their office.
27. In July 2006, I received a copy of a Business Wire press release via email from members of our association that was transmitted on behalf of Michael W. Lynch by attorney David Martin Price, which contained serious allegations of purported judicial corruption surrounding United Airlines bankruptcy Judge Eugene R. Wedoff. In response to this email, I left voice mail with Mr. Price thanking him for his efforts while giving him my phone contact number. Two hours later, Mr. Lynch phoned me and after a brief introduction, detailed the legal issues surrounding his McCook Metals, LLC case against Alcoa Aluminum and offered his legal team’s assistance to our association in our case in exposing judicial corruption in the United Airlines bankruptcy .
28. At the time, Mr. Lynch had been working closely with Dr. Sheila Mannix, PhD, director of the Illinois Family Court Accountability Advocates involved in exposure of alleged judicial kidnapping of children from their parents in the state of Illinois and elsewhere across the nation , Mr. Sam Lipari, CEO of Medical Supply Chain, Inc. and many others across the country attempting to expose issues of judicial corruption concerning separate issues but co-related institutions.
29. Mr. Lynch assured me/us at the time that if I cooperated with him, there were many others working behind the scenes, including former FBI/CIA agents, federal judges, and many others nationwide that could/would expose the issues of judicial corruption in this case. I had never engaged in this legal/political process for financial purposes, but Mr. Lynch kept informing me that if I followed through on this case, I would be a wealthy man. I repeatedly asked that he not bring up financial remuneration to me regarding my involvement in this matter, as my motives for participation was exposure of heinous crimes against the good citizens of our country and my alleged ‘hostile work environment forced psychiatric evaluation’ that resulted in my termination at United Airlines and not financial recompense.
30. On July 30, 2006, retired United Airlines Captain Jim Hosking, then head of the grassroots Pension Preservation Network (PPN), advised me via email that he had previously spoken on the phone with Illinois judge chaser Sherman Skolnick numerous times regarding issues of judicial corruption concerning bankruptcy Judge Eugene R. Wedoff and Mr. Skolnick’s affiliation with Michael Lynch. He suggested that I ask Mr. Lynch who Sherman Skolnick was, which I did in an email that evening.
31. Early in the morning of July 31, 2006, Mr. Lynch phoned me to inquire as to who I had spoken with regarding Sherman Skolnick. He went on to advise me of his work with him and the fact that Mr. Skolnick had recently passed away. During this phone conversation, Mr. Lynch remarked, “Dan, I just want you to know that the highest levels of La Cosa Nostra are involved in these matters.” (sic) It was at this time that I did not desire to cooperate with Mr. Lynch, but put him in touch with other grassroots organizations that I was in contact with and who I felt could better legally employ his information.
32. Mr. Lynch went on to explain that it essentially was Sherman Skolnick who propelled Supreme Court Justice John Paul Stevens to fame when, in the 60’s, Justice Stevens who was an Illinois attorney at the time, represented Mr. Skolnick in a massive case involving alleged corruption in the state of Illinois involving federal judges.
33. On October 13, 2006, Mr. Lynch appeared in the Chicago courtroom pro se with Sheila Mannix as his witness before Judge Paddy McNamara for the purpose of presenting criminal evidence in the judge’s chambers for an in-camera review, as purportedly members of organized crime were present in the courtroom, which would have endangered the lives of his informants if their identities were revealed.
34. During this hearing, Judge McNamara insisted that Mr. Lynch publicly produce his evidence and witnesses on the spot in the courtroom. Because Mr. Lynch could not publicly produce his evidence in court nor his witnesses who were not available in the Chicago area at the time for questioning, Judge McNamara held Mr. Lynch in contempt of court and sentenced him to 60 days in Cook County Jail and ordered the bailiff to remove him from the courtroom on the spot without a separate sentencing hearing as prescribed by law directly to Cook County jail.
35. I was made aware of these facts that day through receipt of an email from Mr. Lynch’s wife, Kimberly, on the evening of October 13, 2006. A Chicago Sun-Times article reaffirmed her story. Mr. Lynch’s attorney, Tom Durkin of Durkin and Robert law firm in Chicago, could not obtain Mr. Lynch’s release on appeal for, I believe, thirteen days.
36. Mr. Lynch contacted me by phone after his release to provide me with details, and I informed him of my intent to write Patrick Fitzgerald, the district attorney for the Northern District of Illinois, about these matters. We both agreed that it would be more prudent to wait until after the 2006 congressional midterm election results were in, as the Democratic party had made campaign promises of ‘ridding us of the culture of corruption’ earlier in the year.
37. In November 2006, retired United Airlines Captain Jerry Summers, who had read some of our association emails, had numerous phone conversations with me regarding the class action suit that had been filed in Chicago federal court by him and several other retired United Airlines captain regarding the loss of the employee stock (ESOP) during the United Airlines bankruptcy. I informed Captain Summers of my relationship with Mr. Lynch regarding the information he claimed to posses concerning alleged judicial corruption. I suggested to Captain Summers that he contact Mr. Lynch to learn reasons why the class action suit had failed, which he did much later.
38. With the Democratic win of both chambers of Congress, on November 13, 2006, I wrote a letter to Congressman Henry Waxman, Chairman of the Government Oversight Committee, advising him of issues pertaining to this case. Additionally, I had numerous phone conversations and email exchanges with his staffer Matt Siegler, who repeatedly advised me that Congressman Waxman’s staff would not investigate this matter. Mr. Siegler kept insisting that I allow labor unions to handle the matter, as they were working with Congressman Miller (D-CA) on these issues. I persistently reminded him that labor unions do not represent retirees with regard to the theft of their pensions. This was later ruled by a panel of three Chicago federal judges Bauer, Possner, and Eastbrooks to be the case in this matter.
39. Sometime in December 2006, I was email contacted by a former Continental DC-10 Captain Field McConnell who had read emails about my ‘forced medical grounding’ and we subsequently spoke on the phone about this matter. According to Captain McConnell, Continental Airlines management was in the process of arranging a medical consultation for him with an FAA Medical Examiner contracted by Continental Airlines, a Dr. Elliott, MD located in Los Angeles, and I briefed Captain McConnell on the legal precautions he needed to take before proceeding forward with this medical examination based on my horrific experience at United Airlines in 2003 that destroyed my professional career and personal life.
40. Based on other information that Captain McConnell provided me with his particular case that were unrelated to my involvement as public spokesperson for a national grassroots effort, I recommended that he contact another unnamed individual in Vancouver, BC who was working with other global ‘forensic economist’ on his similar related issues concerning financial fraud related to the September 11, 2001 event. The gentleman in Vancouver had previously been introduced to me via email by former United Airlines Captain Ross Aimer who had previously appeared on a radio program with this individual and who I had spoken with at length on the phone the previous month in November.
41. During the ensuing three years, Captain McConnell, the Vancouver gent, and many other global members of their group have exchanged valuable information concerning our work and that of many other global grassroots organizations and individuals.
42. Since our original meeting in December 2006, Captain McConnell has personally filed suit against the Air Line Pilots Association concerning the events surrounding his alleged forced retirement from Continental Airlines, for which members of our association who share similar concerns and evidence have agreed to serve as witnesses. The court date for this case is scheduled for December 8, 2010 in Washington DC.
43. On July 3, 2006, I received a letter from DOJ Toner advising me to contact my nearest FBI Field Office if I had criminal information available for review, while concurring that the Department of Transportation would administrate the FAA Whistle Blower Protection Report that I had mentioned in the April 12th letter. Since Mr. Lynch had already briefed the white-collar criminal division of Chicago FBI on many issues and since other informants also resided in the Chicago area and this city was the scene of the alleged criminality, I elected to pursue this case legally in Illinois.
44. On November 18, 2006, I wrote a joint letter to Senators Reid and Durbin and then Senator Obama advising them of the availability of criminal evidence associated with this case, while requesting their assistance in bringing this case to public light. Rumors at the time were swirling of Senator Obama’s possible run for the office of the president in 2008 and Senator Durbin sat on the Senate Judiciary Committee, which has the power to impeach federal judges if proven guilty.
45. On November 20, 2006, I wrote a letter to District Attorney Patrick Fitzgerald advising him of this same information, while asking for legal intercession. Although recognizing that he was presently encumbered with the Valerie Plame/Joe Wilson/Yellow Cake Uranium Special Grand Jury investigation in DC, I was also apprised that the Chicago FBI office had recently created a ‘white-collar criminal investigation unit’ that was purportedly the largest such office of this kind in the country.
46. During this same time frame, I was certain that the organizations listed below would be interested in contacting Mr. Lynch and his team regarding the information that he possessed, so I called and/or emailed each apprising them of his contact information. I did not want to go this alone at any time the past several years.
Ø Captain Jim Hosking – Director of the Pension Preservation Network (PPN)
Ø Captain Roger Hall – Chairman of United Retired Pilots Benefit Protection Association (URPBPA)
Ø Captain Mark Seal – Officer of United Airlines Airline Pilots Association
Ø Association of Flight Attendants (AFA)
Ø International Aerospace and Machinist Workers Union (IAM)
Ø AMFA
Ø Many aircrew members, legal and political offices and others
47. Additionally, the United Retired Pilots Benefit Protection Association (URPBPA) had an appeals hearing coming up before Chicago Appellate Judges Bauer, Easterbrooks, and Posner and Mr. Lynch and his attorneys had agreed to meet with Captain Hall, the Chairman of this group, and his attorney Jack Carriglio of Chicago at a time and place of their choosing for the purpose of reviewing said information.
48. Consequently, I emailed Captain Hall (copied Mr. Carriglio and Mr. Lynch) an email to that affect, but he refused for whatever reason not to meet with the Lynch legal team citing the difficulty in proving judicial corruption as a reason for declining the invitation. The panel of three judges ruled against URPBPA and the Supreme Court refused to review the case on subsequent appeal.
49. I was further informed by Mr. Lynch that earlier, the House of Representatives Speaker Congressman Denny Hastert and his GOP cohorts had attempted to introduce congressional legislation that denied petitioners under the Patriot Act the rights of Habeas Corpus under our constitution for any person who filed charges against any federal judge for any reason. I knew of Mr. Lynch’s work with the now-deceased judge chaser Sherman Skolnick and became concerned that my involvement with Mr. Lynch might result in my incarceration without legal representation for moving forward in this matter.
50. Earlier, in an effort to get a legal reading and to protect myself as I moved forward, in November 2006, I wrote a letter to Attorney General Gonzales, Supreme Court Justice Stevens because of his previous representation of Sherman Skolnick, Senator Leahy who was the new chairman of the Senate Judiciary Committee, and Congressman Conyers who was the new chairman of the House Judiciary Committee, requesting their interpretation of current laws concerning my involvement with Mr. Lynch for which I never received a response. My purpose in writing to Supreme Court Justice Stevens involved his work with Sherman Skolnick in exposing judicial corruption in the state of Illinois year earlier, and I believed at the time that this fact would cause his sympathy and cooperation in this matter. I did not receive a response to this letter from any office.
51. On December 11, 2006, I received a letter from District Attorney Patrick Fitzgerald’s office advising me to contact the office of Chicago FBI Special Agent-in-Charge Robert Grant if I had criminal evidence/witnesses available to support my allegations.
52. During this time frame, the huge controversies concerning the firing of eight U.S. district attorneys and the ‘McNulty memo’ erupted alongside the investigation of AG Gonzales concerning DOJ corruption. I surmised that perhaps my allegations would somehow by blocked upper-echelon DOJ personnel due to the language contained in the ‘McNulty memo’.
53. On January 25, 2007, I sent letters to all Democratic Senators who sat on the Senate Judiciary and Senate Pension Committees regarding issues of judicial and pension termination corruption, but did not receive a single response from any office, even though I had made numerous calls to staffers.
54. On January 25, 2007, I sent letters to all Democratic congressmen who sat on the House Judiciary and Pension Committees regarding issues of judicial and pension termination corruption, but did not receive a single response from any office, even though I had made numerous calls to staffers.
55. I also completed an intake application with the Government Accountability Project in Washington DC and spoke a few times with attorneys there for my legal protection, but Mr. Lynch advised me that his legal team could not yet come forth with their evidence/witnesses due to the fact that he still had a legal appeal hanging over his head.
56. With heightened tensions concerning the fired district attorneys and the concurrent conviction of Scooter Libby in the Valerie Plame affair, I was advised that Patrick Fitzgerald had become the target for termination alongside the other eight district attorneys. The Department of Justice had just issued a marginal ‘report card’ on Mr. Fitzgerald who I knew was rated as one of the top district attorneys in the country, and Chicago Crime Commission President James Wagner had just issued a press release endorsement of Mr. Fitzgerald’s outstanding resume as a crime fighter.
57. During this time, after having met with the Chicago Crime Commission, Mr. Lynch advised me that rumors were swirling around the Chicago area of the indictment of Tony Rezko and that a forthcoming article in the Chicago Sun-Times would reveal a political association of URPBPA attorney Jack Carriglio with Tony Rezko. The next day I read of this association and became very much alarmed, as I had already email-contacted Captain Hall and Mr. Carriglio concerning the information that the Lynch team possessed and thought that I had put Mr. Lynch and his family in legal/physical jeopardy by doing so.
58. On April 1, 2007, I wrote a letter to Chicago FBI Special Agent-in-Charge Robert Grant advising his office of some of this information, but his office never responded to this letter. Instead, the letter was kicked upstairs to the Washington DC office of the FBI.
59. On May 4, 2007, I received a letter from Ms. Joan Currie-Leonard, Senator Obama’s Special Assistant in his Chicago Office, in response to the joint letter I had sent on November 18th advising me to contact my home state of Georgia representatives concerning this matter since I was not an Illinois resident, even though the alleged criminality took place in the state of Illinois.
60. Concurrently, on May 16, 2007, I received a letter from FBI Washington Public Corruption Unit Anderson in response to the April 1st letter that I had mailed to Mr. Grant advising me to contact the Atlanta FBI office with information concerning this matter. Because I did not physically possess criminal evidence nor have access to key witnesses in this case, and because I was made aware that Mr. Michael Lynch had already briefed the office of Patrick Fitzgerald, the Chicago FBI, and the Chicago Crime Commission on this matter as a result of a filed federal complaint, I felt that my visit to the Atlanta FBI Field Office would serve no purpose at that time.
61. Feeling additional threat through DOJ insistence that I contact the Atlanta FBI office vice Chicago’s office that had already been made aware of these issues, I felt compelled to write the head of the DOJ Criminal Division in hopes of breaking this legal/political bottleneck, since then Assistant Attorney General – Criminal Division Alice Fisher was in charge of every district attorney in the country. I was aware at the time of Ms. Fisher’s involvement with the Enron investigation.
62. On September 1, 2007, I wrote a letter to Assistant Attorney General – Criminal Division Alice Fisher apprising her of the same facts concerning the availability of evidence/witnesses in this case. I knew it was risky sending this letter and that in doing so would draw attention to me and increase my risk of physical harm, given the parties involved.
63. Although near destitution, I flew to Munich and commenced a 13-day trip through Germany, Switzerland, Italy and across southern France by train staying in flop-house motels. In needed some time alone and out of the states to sort legal/political matters out and await a response from the Department of Justice, while periodically checking my email at numerous internet cafes along my route across southern Europe.
64. On September 10, 2007, while at an internet café in Carcassonne, France checking my email, I was advised via an email of the formation of a grassroots effort called the ‘Committee for the Restoration of Pensions at United Airlines 2007’. The email information was a letter addressed to Senator Akaka from this committee concerning detailed legal/political issues that I felt would prove that our pensions had been illegally terminated. I felt much relief and exoneration in that I was certain that this group could dovetail Mr. Lynch’s evidence into this investigation and my arduous and costly journey as a federal whistleblower would be over.
65. Upon return to the states on September 13, 2007, I emailed a group retired pilots inquiring of the composition of the ‘Committee for the Restoration of Pensions at United Airlines 2007’ and, more specifically, who chaired this committee and was working with Senator Akaka’s staff on these pension matters. Captain Jim Hosking, (the director of the Pension Preservation Network and the same individual who told me to ask Mr. Lynch who Sherman Skolnick was in 2006), informed me via email that a United employee living in Hawaii named Kirk Stevenson had authored the letter and acquired legal representation in Hawai and gave me Mr. Stevenson’s email address and home phone number in Hawaii.
66. After several unsuccessful attempts to phone contact Mr. Stevenson while leaving him voice mail, I emailed him and received a response. He informed me that the Pension Benefit Guarantee Corporation (PBGC) was refusing to relinquish key information to prove the alleged theft of employee pensions in bankruptcy after repeated Freedom of Information Act requests for this information.
67. Mr. Stevenson further informed me that his group was working with a website designer and intended to publicly publish all information regarding these issues on the website once published. Since the Whistleblowing United Pilots Association email communications system had grown exponentially reaching out to employees from all airlines, he asked me to break down the information contained in his letter to Senator Akaka into individual components in simple layman’s language in a series of emails to our membership so that they might better understand the soon-to-be-published website.
68. From October 1st through October 18th of 2007, while recognizing that I was further exposing myself by publicizing this critical information via emails, I sent out a series of emails containing this information. During this time frame and the subsequent months, I kept petitioning Mr. Stevenson to publish his website, but he kept insisting that the web designer was experiencing construction problems. He further advised me that it was his group’s intent to file a civil RICO suit once the PBGC provided the requisite information.
69. Mr. Stevenson and his legal team also requested that I promulgate form letters to all members of our association petitioning both DOL Secretary Chao and PBGC Acting Inspector General Stover-Springer To date, the PBGC has not responded to our inquiries regarding this information. for this information, which I did.
70. After several months’ coordination with Mr. Stevenson and his group, he asked me to drop my work with Mr. Lynch and his team and join his efforts in filing a limited party class action civil RICO suit that would impact a very restricted group of United Airline employees. He further stated that his group would not be launching the promised website and that he could move no further legally until they received the requisite information from the PBGC.
71. I advised Mr. Stevenson that my role as a public spokesperson for an anonymous group of employees and retirees had placed me in a most precarious position in that I had already exposed much information on the federal side of the house and, when the time came, assuming a congressional/DOJ response for support and investigation, a federal racketeering suit could/would be filed (Qui Tam) that would expose all elements of criminality in this case. Mr. Stevenson then ceased all email communications with me and would not respond to my phone calls. In essence, I was left holding the bag. There are others who possess information but, to the best of my knowledge, have not stepped forward with valuable information and evidence for fear of harsh recriminations for doing so up to and including death.
72. Digressing to September 13, 2006, upon return to the states, Mr. Lynch phone-contacted me advising me that his legal team thought that I would not return to the states, given my predicament. During this time frame, President Bush had nominated Chicago Federal Judge Mark S. Filip to the post of Deputy Attorney General and Mr. Lynch suggested that we were both at risk due to the fact that Judge Filip had been named as one of the four federal judges in Mr. Lynch’s affidavit that he had previously submitted to the Department of Justice in his earlier Qui Tam filing in Kansas City, Missouri.
73. This caused me greater alarm, as I had previously submitted this same affidavit to various government offices in hopes that an investigation into this matter would be initiated. Mr. Lynch further suggested that perhaps certain individuals in government might concoct methods of criminally indicting us and recommended that I get my financial affairs in order, including my tax returns. I assured him that my financial house was in good order, but was much taken back by this information.
74. Deflecting panic and fear, on October 24, 2007, I once again wrote a letter to then Senator Obama’s Special Assistant Joan Currie-Leonard, only this time as spokesperson for the Whistleblowing United Pilots Association, detailing the information that was available, while requesting that Senator Obama launch an investigation into this matter. I was insistent in this letter, that although I was no longer an Illinois resident, I nonetheless served as public spokesperson for the then-named Whistleblowing United Pilots Association. I also phone contacted the Chicago office, but the individual that I spoke with supported the previous letter sent to me by Ms. Currie-Leonard and insisted that I contact my Georgia representatives.
75. On October 6, 2007, I received an unsolicited letter from my home state of Georgia Congressman Westmoreland advising me that his staffer Jean Stoddard would look into this matter with the Department of Justice and do everything to assist me.
76. Attempting to legally/politically insulate myself and protect our families from harm, on October 18, 2007, I wrote a letter to then SEC Commissioner Christopher Cox, with enclosures, declaring myself a Sarbanes-Oxley whistleblower, while demanding an investigation into this case and insisting on guarantees of enforcement of the protective provisions of this law. At this point in time, I knew that I was being stonewalled by all levels and branches of government and law enforcement and was scrambling to protect myself by any and all available means. Mr. Lynch would still not come forward publicly with his witnesses and evidence while claiming that he would legally jeopardize his appeal regarding his wrongful incarceration on October 13, 2006.
77. On October 19, 2007, I wrote letters to Senators Kennedy and Leahy, and Congressmen Waxman, Miller, Conyers, and Westmoreland advising them that I had filed for Sarbanes-Oxley protection, but their offices never responded to offer me any assistance. Additionally, on this date, I wrote my Congressman Westmoreland advising him of this fact, but his office never responded.
78. On October 22, 2007, I also received an unsolicited letter from Senator Chambliss advising me that “I have contacted the Department of Justice on your behalf and will certainly share their response with you when I receive it”.
79. On October 25, 2007, I sent a letter with enclosures to Senator Carl Levin, Chairman of the Senate Permanent Subcommittee on Investigations, which contained the same information sent to Mr. Cox, and requesting protection under this law. I was advised in subsequent phone conversations with his staffer, Kata Sabenga, that due to staff limitations, Senator Levin would be unable to assist me even though I tried desperately to convince her that my life and others might be in imminent danger as a result of our revelations to government. Ms. Sabenga acknowledged to me on the phone that Senator Levin’s staff had, in fact, reviewed all the information that I had sent to their office via registered mail, but no one was going to initiate an investigation into the matter.
80. On November 5, 2007, I received a letter response from Senator Chambliss advising me “While I regret to learn of your difficulties, I, as a United States Senator, have no jurisdiction over matters such as these”. I knew at this point in time that I was being stonewalled at the highest levels within the Department of Justice. If my home state senators would not respond to my petition for help, who could I turn to in government to support and defend me?
81. On November 5, 2007, I also received a letter from SEC Senior Counsel Juliet Gardner advising me that “I have passed your views on to the people at the SEC who specialize in the issues you’ve raised. If they have any questions or wish to respond to your comments, they will contact you”. Because I had enclosed in this letter an affidavit stating that Judge Eugene R. Wedoff, the federal bankruptcy judge in the United Airlines/McCook Metals, LLC bankruptcies allegedly maintained a $40-million bribery fund, I felt that the SEC was not going to further investigate this matter, which left me further in harms way. This information and belief as stated in my affidavit was based solely on the Lynch affidavit and other information provided to me by key witnesses and informants in this case who had previously been stonewalled by our government and not guaranteed witness protection.
82. On November 6, 2007, in a letter response to me, Ms. Leonard, the Chicago Special Assistant to Senator Obama, once again deferred me to my home state congressional representatives in Georgia, while completely ignoring the information contained in the detailed letter that I had written to her office. Since then Senator Obama was running for the office of president and from the state of Illinois, I was certain that his Illinois senate office would be interested in this information since I had already written him, as well as Senators Reid and Durbin one year prior about this very matter.
83. On December 12, 2007, I received a cover letter from DOJ Toner with an enclosed letter from Deputy Assistant Attorney General John Keeney, in response to my April 1st letter to Assistant AG Fisher, which totally skirted every issue that I addressed in that letter. His decision not to investigate this matter was based solely on his reference to the ruling by the three judges in the earlier URPBPA case that defended Judge Wedoff’s previous ruling. One of the three judges was Judge Bauer who is also listed in paragraph 42 of the Lynch affidavit. This apparent non-response that skirted my issues alarmed me as well.
84. On December 18, 2007, I received a copy of this same letter from Mr. Keeney from my Congressman Westmoreland.
85. On February 10, 2008, I sent a letter to Assistant Attorney General Keeney requesting that he review the content of my letter to Asst AG Fisher, as I felt that his letter did not respond to my questions, but never received a response from his office. Mr. Keeney resigned from office shortly thereafter and no one within the Justice Department ever answered the Asst AG Alice Fisher letter of September 1, 2007. Ms. Fisher too resigned from the Department of Justice.
86. Because I recognized that I had inadvertently over-exposed myself to criminal elements and others in delusion that my government would defend and represent me, on February 14, 2008, I phone-contacted the office of the Chicago FBI and filed a federal complaint (Complaint # 2008-9580) with FBI Agent David Barusko at the intake unit desk, while asking him to keep the file open pending future submission of evidence/witness list with guaranteed witness protection for informants. During this phone conversation, I was advised by Agent Barusko that a secret meeting could be arranged at an undisclosed location of our choice in the Chicago area wherein informants could be questioned and evidence collected, but that DOJ would have to review the case before witness protection could be afforded due to the expense of federal marshal protection. The FBI Chicago office never responded to this email.
87. My intent in doing this was to protect myself, Mr. Lynch, our families, and our informants given what I had already said and done that, at the time, I had naively and unknowingly put the lives of many witnesses and criminal informants in potential danger up to and including death.
88. Additionally, on February 14, 2008, after numerous phone conversations with Senator Leahy staffer Matt Robinson, I emailed to him issues pertaining to this case regarding alleged judicial corruption, but no assistance was rendered by this office. I also email-exchanged and left voice mail with Senator Leahy staffer Lydia Griggsby, a senior staffer on the Democratic side of the Senate Judiciary Committee that oversees issues of alleged judicial corruption. Both of these senate staffers acknowledged receipt of the information that I had sent their offices.
89. Fully realizing that I had mostly inadvertently dug myself into a deep legal/political hole, I called and spoke with Matt Robinson the day before Judge Filip’s senate confirmation hearing and asked him if he and Ms. Griggsby had, in fact, reviewed all the information that I had sent to their offices and he admitted to me that he had. He then asked me in muffled tones if I had legal representation and who I was working with on these matters. I informed him that I did, in fact, have attorneys and was working closely behind the scenes with numerous print media journalists and many others. I further informed him that since both he and Ms. Griggsby had reviewed all the materials that I had sent them, if the information were true and Judge Filip was confirmed as Deputy Attorney General of the United States, that I would lose all faith in our government and my representatives.
90. Judge Filip was unanimously confirmed by the Senate on March 3, 2008. Senator Durbin, who endorsed him, was aware of our allegations since November 2006, as were Senators Reid and Obama.
91. On February 21, 2008, I once again petitioned Congressman Waxman staffer Matt Siegler via email to assist in this matter, but he never responded to my call for help.
92. During this month, I also contacted the offices of Congressman George Miller, Chairman of the House Labor/Pension Committee and advised the staff of the information that we possessed and the refusal of the PBGC with regard to release of information under the Freedom of Information Act. After only one phone conversation, the cognizant staffer that I had spoken to never answered his phone, voicemail messages, or emails that I sent to this office.
93. On February 22, 2008, I wrote a letter to Chicago FBI Special Agent-in-Charge Grant advising him of my phone conversation with Agent Barusko, while detailing the protections we would need to meet at an undisclosed location of our choice in Chicago, but his office never responded.
94. On February 26, 2008, I also received the same copy of Mr. Keeney’s letter from Senator Chambliss.
95. On July 20, 2008, I wrote a letter to the attorney that Occudata, Inc. of Mission, Kansas had assigned to my Social Security Disability Income (SSDI) hearing to be held on July 20th. Occudata was the company that Metropolitan Life Insurance Company had contracted to administrate the entire SSDI application process. I had previously cautioned United Airlines management officials of my intent to speak the truth under oath during this hearing and I did.
96. On July 23, 2008, I appeared under oath before Social Security Administrative Judge F. Jefferson Hughes regarding my Social Security Disability Income appeal hearing, which I claimed that I was not entitled to SSDI due to the fact I was fully capable of employment, but not as a pilot since I had been ‘permanently grounded’. During this hearing, I detailed my legal and political plight the past several years, which included allegations of white-collar criminality associated with the United Airlines bankruptcy that I had been attempting to report to competent legal and political authorities. I felt at the time that since Judge Hughes had recently served as a Department of Justice attorney, since he was an officer of the court, he would be obliged to report this alleged wrongdoing to the Department of Justice. The entire testimony was digitally-recorded and I obtained a copy of the court transcripts a few days after the hearing.
97. On January 25, 2009, I wrote a letter to Department of Transportation Inspector General Scovel advising him that my April 2006 FAA Whistle Blower Report had never been administrated. I subsequently received an email response that there was no record of the report and that no further action would be taken by the DOT IG office regarding this matter. Because both the Departments of Justice and Homeland Security, in response to my April 12, 2006 letter to their offices, had deferred me to the Department of Transportation and the Federal Aviation Administration for a response, I felt compelled to demand a response from the Department of Transportation since then DOT Secretary Mineta had not responded to the same letter of April 12, 2006.
98. On January 26, 2009, after phone conversations with Senator Grassley staffer Brian Downey, I wrote Senator Grassley a letter advising him that I was an FAA, Sarbanes-Oxley, and Social Security fraud whistleblower, but his office never responded to this letter, nor to subsequent voice mail messages left for Mr. Downey.
99. On January 28, 2009, I wrote a letter to Securities and Exchange Commission Inspector General Kotz advising him that my filed October 2007 Sarbanes-Oxley report had been ignored by the SEC and petitioned his office for assistance. Because former SEC Senior Counsel Juliet Gardner had merely responded to my SEC Sarbanes-Oxley filing of October 2007 by ‘thanking me for my views’ after I had over-exposed myself to criminal elements and very powerful financial institutions, I felt compelled to demand an investigation into the allegations made in my letter to SEC Chairman Cox and the affidavit that I had attached to this letter along with numerous other relevant pieces of correspondence.
100. On January 29, 2009, I filed a Social Security fraud report with the Social Security Office of Inspector General O’Connell concerning my SSDI appeal and received an email receipt from this office advising me that my report had been received, but I would receive no further information on my case until the investigation was completed.
101. On January 30, 2009, I called the Chicago FBI office to confirm that my filed federal complaint of February 14, 2008 was still an open file, which I was assured that it was. I advised the intake agent of my intent to visit the Chicago FBI office for the purpose of providing information pertaining to my federal complaint. I further advised this agent that I was an unprotected federal whistleblower on numerous counts and felt uneasy regarding my visit to Chicago FBI.
102. On January 31, 2009, I wrote a letter to President Obama detailing the events of the past two years since I had written his Illinois senate office in the fall of 2006, while petitioning his office for support, since he then had jurisdiction over his relevant cabinet members. To date, I have not received a White House response to this letter.
103. On January 31, 2009, I sent a letter to Department of Justice Inspector General Fine detailing all of the issues addressed above, while asking for his legal assistance in this matter.
104. On February 2, 2009, I flew to Chicago, rented a car, and drove to the Chicago FBI office to deliver evidence and the names of witness to be included in the complaint file, but was advised by the reviewing agent that the FBI was not going to investigate my case without ever having reviewed the tiniest shred of evidence nor interviewing a single witness. Mr. Lynch can attest to this fact, as I was in cell phone contact with him throughout the day, both before and after the visit to the office of Chicago FBI.
105. On the evening of February 2, 2009, I wrote a letter to Chicago FBI Special Agent-in-Charge Grant asking for an explanation as to why FBI would not investigate this case without ever having received any supporting evidence/witnesses, but his office never responded.
106. On February 2, 2009, I wrote a letter Department of Labor Inspector General Heddell requesting specific information that had previously been denied via FOIA requests to the PBGC Inspector General, but his office never responded to this letter.
107. On February 6, 2009, I wrote a letter to Attorney General Holder advising him of the events of February 2nd, while asking for his assistance in this matter.
108. On February 7, 2009, I wrote a letter to SSA Federal Judge Hughes asking him to forward my appeals court transcripts to the Department of Justice for review since I had been turned away at the door at FBI Chicago on February 2nd. Judge Hughes never responded to this letter.
109. In April 2009, I was advised by email by the Department of Transportation Inspector General that there was no record of my April 2006 FAA Whistle Blower Protection Report, so I electronically filed another report, which included the affidavit mentioned below and received an email response that the allegations surrounding my case were under investigation by that office (Hotline Case Number 09IH-C24-000).
110. On May 8, 2009, I received a letter from DOJ Kaiser in response to my February 6th letter to Attorney General Holder advising me to contact the Atlanta office of the FBI if I had criminal information to report. Since I had been advised the same in July 2006 by DOJ Toner and FBI Anderson in May 2007, and since the Chicago FBI office had turned me away in February 2009 without looking at evidence, it did not make sense that I should be required to report to the Atlanta FBI Field Office. For what purpose? To be turned away again?
111. On May 20, 2009, I wrote a letter to FBI Kaiser inquiring as to the necessity that I report alleged white-collar criminality to the Atlanta FBI Field Office when the Chicago FBI Field Office already advised that the Department of Justice had no intent of investigating this matter, even though no evidence/witness testimony had been reviewed. I never received a response to this letter.
112. During this time frame, I received a phone call late one Sunday evening from Mr. Lynch advising me that he was going to discontinue his work with me and a heated conversation followed, as I felt that he had betrayed our trust and his promise to assist our organization after I had over-exposed myself to criminal elements. I was very much alarmed that he had left me hanging in the lurch legally and politically.
113. After having been abandoned by Captain Jim Hosking, Mr. Kirk Stevenson, and now Mr. Lynch, I felt somewhat disadvantaged without access to his material witnesses and evidence. The next day I phone contacted Dr. Sheila Mannix, PhD to inquire as to whether or not she had access to this same information since she had been working closely with Mr. Lynch in late 2006 when I first met him, which she assured me that she and many others on her national team did and that their organizations were working very closely with other state and local officials who had offered their support concerning her issues .
114. On June 12, 2009, I wrote a letter with an attached affidavit for inclusion as part of congressional public record to Senator Dorgan concerning his upcoming June 17th hearing regarding the Colgan Air 3407, since I was advised by his staffer, Rich Swayze, that I would not be permitted to testify as a witness, even though the safety issues that I had addressed in my 2006 FAA Whistle Blower Report, which was ‘lost’ were critically germane to the issues surrounding this crash with regard to flight crew scheduling and fatigue.
115. On the evening of February 2, 2009, I wrote a letter to Chicago FBI Special Agent-in-Charge Grant asking for an explanation as to why FBI would not investigate this case without ever having received any supporting evidence/witnesses, but his office never responded.
116. On February 2, 2009, I wrote a letter Department of Labor Inspector General Heddell requesting specific information that had previously been denied via FOIA requests to the PBGC Inspector General, but his office never responded to this letter.
117. On February 6, 2009, I wrote a letter to Attorney General Holder advising him of the events of February 2nd, while asking for his assistance in this matter.
118. On February 7, 2009, I wrote a letter to SSA Federal Judge Hughes asking him to forward my appeals court transcripts to the Department of Justice for review since I had been turned away at the door at FBI Chicago on February 2nd. Judge Hughes never responded to this letter.
119. In April 2009, I was advised by email by the Department of Transportation Inspector General that there was no record of my April 2006 FAA Whistle Blower Protection Report, so I electronically filed another report, which included the affidavit mentioned below and received an email response that the allegations surrounding my case were under investigation by that office (Hotline Case Number 09IH-C24-000).
120. On May 8, 2009, I received a letter from DOJ Kaiser in response to my February 6th letter to Attorney General Holder advising me to contact the Atlanta office of the FBI if I had criminal information to report. Since I had been advised the same in July 2006 by DOJ Toner and FBI Anderson in May 2007, and since the Chicago FBI office had turned me away in February 2009 without looking at evidence, it did not make sense that I should be required to report to the Atlanta FBI Field Office. For what purpose? To be turned away again?
121. On May 20, 2009, I wrote a letter to FBI Kaiser inquiring as to the necessity that I report alleged white-collar criminality to the Atlanta FBI Field Office when the Chicago FBI Field Office already advised that the Department of Justice had no intent of investigating this matter, even though no evidence/witness testimony had been reviewed. I never received a response to this letter.
122. On June 12, 2009, I wrote a letter with an attached affidavit for inclusion as part of congressional public record to Senator Dorgan concerning his upcoming June 17th hearing regarding the Colgan Air 3407, since I was advised by his staffer, Rich Swayze, that I would not be permitted to testify as a witness, even though the safety issues that I had addressed in my 2006 FAA Whistle Blower Report, which was ‘lost’ were critically germane to the issues surrounding this crash with regard to flight crew scheduling and fatigue.
123. On June 16, 2009, Continental Airlines pilot whistleblower Newton Dickson met me in Washington, DC for the purpose of testifying before the Senator Dorgan hearing the next day regarding the events surrounding the Colgan Air 3407 crash in Buffalo, New York in February 2009. On this day, I personally met with Senator Dorgan staffer Richard Swayze and during a private 45-minute conversation in his office, I expounded on the details of my medical grounding and the relationship between my stonewalled Aviation Safety Awareness Reports at United Airlines in 2003 and the circumstances surrounding the Colgan Air crash. I requested that I be permitted to testify at the hearing, but Mr. Swayze advised me that the witness list had already been identified and I would not be permitted to tesify.
124. Mr. Swayze further advised me that because I had presented him with a packet of evidence, which included signed and sworn affidavits and copies of my 2003 ASAP reports, he would inquire of Senator Dorgan as to whether or not the packet could be included as part of congressional public record.
125. After this meeting, I personally visited the office of Senator Claire McCaskill since she was a member of Senator Dorgan's committee and a strong supporter of whistleblowers. I spoke personally with her staffer, Ms. Melissa Mann, and presented her with this same packet of information and she promised that she would deliver it to the appropriate staffer for disposition. I had been in email contact for several months with one of her Missouri senate office staffers, Bob Burns, who had forwarded my emails to Senator McCaskill’s office in DC.
126. On June 17, 2009, the morning of the hearing, I met Senator John McCain outside the senate hearing room and, although not a member of the Dorgan committee but a former naval aviator of repute, advised him of my situation and provided him with this same packet of information, which he assured me his staff would review.
127. Prior to the hearing in the hall outside , I met with members of the Colgan Air ALPA Master Executive Council (MEC) and provided them with packets of this same information, while explaining to them my function as national public spokesperson for the Whistleblowing Airline Employees Association and ensuring them that we were their friend. Prior to hearing commencement, I followed the MEC members into the hearing room as they filed past Captain John Prater, the national president of ALPA who shook hands with each of them at the witness table where he was to provide testimony before the committee.
128. I shook hands with Captain Prater while introducing myself and he responded by saying, "I know who you are and what you are doing and we need to talk." I agreed with him, but suggested that I would meet with him after the hearing.
129. I then approached to the press table in the room and introduced myself to the media reporters seated at the table, while providing the same packets of information to each of them, which they eagerly accepted. I also approached Mr. Scott Mauer, who was the witness spokesperson for the Colgan Air next-of-kin and introduced myself while expressing our condolences for the loss of his daughter, Lauren, presented him with this same packet and informed him that I believed that our association could assist him in some manner.
130. A few minutes prior to commencement of the hearing, Rich Swayze approached me from behind the senate panel chairs and informed me that Senator Dorgan had agreed to include my witness packet as part of congressional public record. Newton Dickson, who was seated next to me, witnessed that event.
131. After the committee hearing, I spoke again with reporters at the table with Washington Examiner reporter Barbara Hollingsworth standing next to me witnessing these conversations.
132. As the committee room emptied, I approached Captain Prater with Ms. Hollingsworth in tow and asked him if this was a convenient time to chat with him. Witnessing Ms. Hollingsworth's press badge, he remarked, 'Uh-uh...we can talk alone out in the hallway' (sic) to which I agreed.
133. Once alone in an alcove by the elevators, I informed Captain Prater that, if ALPA did not cease cooperation with airline management and employment of 'hostile work environment forced psychiatric and medical evaluations' to permanently ground airline pilot whistleblowers, then our association was going to expose the issue and put a stop to it ourselves. I then reminded him that our mutual acquaintance, Captain Mark Seal, my former JFK ALPA chairman, was now an ALPA national vice-president and was fully aware of the events surrounding my medical grounding.
134. Afterwards, Newton Dickson accompanied me to meet with several congressional members and/or their staff to present to them our evidence packages that had been included as part of congressional public testimony. Among the offices visited, were those of Senator McCaskill where we once again spoke with Melissa Mann.
135. We also had the opportunity to personally speak with Republican South Carlina Congressman J. Gresham Barrett who knew Newton Dickson personally since they were high school classmates. Mr. Barrett, who was a very good friend with my Georgia Congressman Lynn Westmoreland who sat on the House Aviation Subcommittee, assured me that day that he would discuss with Mr. Westmoreland our situation and provide him with the congressional evidence package that I gave him that day. A list of other house and senate offices visited that day are available upon request.
136. At 3 p.m. that day, Newton and I met with Mr. Tom Devine, the legal director of the Government Accountability Project, to discuss our evidence packages and the names of those congressional offices visited earlier in the day.
137. Digressing, on June 17, 2009, in an unsigned letter received from the Operations Sector of the Office of the Department of Justice Inspector General Fine, it was stated that “This office does not have jurisdiction in the matters that you describe; therefore we are unable to assist you.” This was in response to my June 17, 2009 letter to this office, which detailed the chronological events listed above and more.
138. Subsequent to this DC visit, Whistleblowing Airline Employees Association websites and blogs were launched, as well as numerous facebook causes and groups. Additionally, the Whistleblowing Airline Employees Blog Talk Radio Program was created online and interviewed numerous guests regarding issues concerning the safety and security of our special interests, the millions of passengers who travel daily by commercial air.
139. I also appeared as a guest of Dr. Janet Parker on her Medical Whistleblower blog talk radio program along with Newton Dickson and former Delta Captain whistleblower Wayne Witter, whose late 1990 successful Atlanta court case against FAA Flight Surgeon Dr. Michael Berry that had exposed the wrongful practice of medically grounding airline pilot whistleblowers and established a legal precedent in a court of law for other pilots who may fall victim to this abusive practice in the future.
Aerotoxic Syndrome
140. Additionally, through our association website page entitled ‘Contact Us’, during this time frame, I was email contacted by Global Cabin Air Quality Executive (GCAQE) Co-Chairman, Captain Tristan Lorraine requesting our association’s assistance in promulgating information concerning ‘Aerotoxic Syndrome’ to other aviation grassroots groups in the United States, as well as reporters within the mainstream media. This issue is being widely reported around the world with the exception of within the United States until just recently.
141. Subsequently I was also put in contact with other members of GCAQE including Co-Chairman Judith Murawski who also serves as the Industrial Hygienist for the Association of Flight Attendants, the largest flight attendant union in the world, and GCAQE Researcher Susan Michaelis, a doctoral candidate and former Australian airline pilot who had published a massive book on this topic and recently received her PhD.
142. I also was contacted by Captain John Hoyte, director of the UK based Aerotoxic Syndrome Association, Dee Passon, director of UK based ToxicFreeAir and her associate Samantha Sabatino, and many members of this global grassroots effort that concerned public health and awareness of this physical malady that was being widely reported in the international media, but little information had been provided by the U.S. mainstream press to date.
143. Because of my recent association with Kate Hanni, executive director of FlyersRights.org and ongoing work with Gabe Bruno, executive director of the FAA Whistleblowers Alliance, I contacted Dr. Janet Parker and arranged for the above named individuals to appear as guests on her Medical Whistleblower blog talk radio program in which I co-hosted these global guests who shared their tragic stories with Dr. Parker and I on the program.
144. Because of this critical aviation safety and health issue that had for the most part been unreported in the U.S. mainstream media, on June 22, 2009, I wrote a joint letter to ALPA national president Captain John Prater and his ALPA counterpart in Canada, Captain Dan Adamus, ALPA Canadian Board President, expressing among other matters, our concern for the health and welfare of passengers onboard commercial jets, to which I never received a response. DOT IG Scovel and FAA Administrator Babbitt received copies of this letter and their offices never responded.
145. Sometime later, Kate Hanni email-contacted me and asked that I put the global toxic air organizations in contact with CNN reporter Alan Chernoff and a FOX news TV investigative reporter, which I subsequently did via email introduction.
146. In the fall of 2009, Aerotoxic director Captain John Hoyte, FAA Whistleblower Alliance Gabe Bruno, Medical Whistleblower Dr. Janet Parker, and I attended a DC conference hosted by Kate Hanni and Kevin Mitchell, the head of Business Travelers Coalition, that was attended by many members of the mainstream media. Two congresswomen spoke at this event also. After the conference, I accompanied Captain Hoyte to the DC FOX news affiliate where he taped an interview for future airing by this news agency.
147. Several months ago, CNN broke this report on international news, FlyersRights.org director Kate Hanni is in consultation with consumer advocate Ralph Nader regarding these and other passenger health and safety issues. To date, the Department of Transportation and ALPA leadership have yet to respond to our association grassroots health efforts to address this critical public health and safety issues.
148. Our association has also recently contacted the Nader organization regarding these same health and safety issues that impact our ‘special interests’, the millions who travel by commercial air and those dedicated safety professionals who serve them daily, aircrew members onboard commercial jet aircraft who are daily exposed to this potential threat to their health, as well as the safety of their passengers.
149. Internet URLs for each of these blog talk programs and and our relevant website pages have been forwarded via email many times in the past to the Department of Transportation Inspector General Scovel, Transportation Secretary LaHood, FAA Administrator Babbitt, the FAA Whistleblower Hotline, and ALPA president Captain Prater for legal review with no response from their offices.
150. On June 17, 2009, in an unsigned letter received from the Operations Sector of the Office of the Department of Justice Inspector General Fine, it was stated that “This office does not have jurisdiction in the matters that you describe; therefore we are unable to assist you.” This was in response to my June 17, 2009 letter to this office, which detailed the chronological events listed above and more.
151. On September 7, 2009, through a mutual acquaintance, I phone-contacted a resident of Islamabad, Pakistan, Ms. Huma Hashmi, as I had been advised that her late father, former Pakistan International Airlines (PIA) Captain Tariq Hashmi, had been medically grounded years ago ending his 30 year career as an airline pilot. Through subsequent phone conversations during the following weeks, I agreed to obtain a Pakistan tourist visa for the purpose of meeting Ms. Hashmi personally to discuss our mutual concerns and shared personal issues.
152. Subsequent meetings with her resulted in our marriage in a civil ceremony in Islamabad and my application and approval for a long-term multiple entry visa into Pakistan where I have taken up permanent residence with her family due, in part, of the failure of our government to protect me, my family members, our informants and others who I have contacted regarding my whistleblower issues.
153. On November 3, 2009, SEC IG Kotz wrote a letter to me advising that the Securities and Exchange Commission was remiss in not investigating my originally filed October 2006 Sarbanes-Oxley report.
154. During the month of November, 2009, Michael Lynch phone contacted me after reading Washington Examiner’s Barbara Hollingsworth’s report that the SEC was going to investigate my 2007 Sarbanes-Oxley allegations that implicated his information contained in his 2006 affidavit allegations filed with the Department of Justice in his earlier Kansas City, Missouri Qui Tam filing that had been rejected by the DOJ as previously mentioned.
155. With his upcoming appeal of his alleged wrongful incarceration in Cook County jail on October 13, 2006 forthcoming in the near future, Mr. Lynch once again expressed concern for his physical health with the threat of being re-incarcerated in this dangerous correctional facility based on a previous report in the New York Times and his past experiences there.
156. Mr. Lynch then contacted Ms. Hollingsworth who reported on these same issues since Mr. Lynch had been previously named as a key witness in my Sarbanes-Oxley filing and should have been provided witness protection as requested in my October 2007 letters to then SEC Chairman Christopher Cox and Senator Levin, as well as key congressional committee chairmen.
157. Purportedly, in latter months, Mr. Lynch’s testimony has allegedly been videotaped before the camera crews of Hollywood Fleur De Lis Film studios. He also appeared twice as a guest of radio host David William Gibbons to share his story on his popular globally-broadcasted “In Discussion” radio program.
158. On December 12, 2009, I wrote a joint letter to Department of Justice Inspector General Fine, Department of Homeland Security Inspector General Skinner, and Department of Transportation Inspector General Scovel reiterating the nightmarish stonewalling of my case the past three years, while requesting their good offices to respond to my repeated requests for assistance. To date, I have not received a response.
159. On December 12, 2009, I wrote a joint letter to Department of Justice Inspector General Fine, Department of Homeland Security Inspector General Skinner, and Department of Transportation Inspector General Scovel reiterating the nightmarish stonewalling of my case the past three years, while requesting their good offices to respond to my repeated requests for assistance. To date, I have not received a response from the offices of DOJ IG Fine and DHS IG Skinner. Assistant DOT IG Robert Westbrooks recently advised me that my case had been closed without interviewing a single witness, nor reviewing any of my available evidence supporting my allegations.
160. In December 2009, received email notification from Attorney Zena Crenshaw, the executive director of POPULAR, that I had been selected as a recipient of a ‘Restore Integrity’ award from POPULAR for my efforts in helping to protect the traveling public, as well as legal pressures imposed on the Securities and Exchange Commission that resulted in the current investigation of alleged fraud in the United Airlines bankruptcy process.. This organization is a nonprofit corporation that is essentially an association of public interest attorneys and Juris Doctors, advised by a board of nonlawyer, community leaders. These good government advocates are committed to helping poor and other disadvantaged people access affordable and competent legal representation, appropriate judicial oversight, and important civil and criminal justice system reforms.
161. On January 31, 2010, I wrote an exhaustive joint letter to officials at the Departments of Justice and Securities and Exchange Commission detailing the lengths I had gone since November 2006 in attempting to bring to the attention of President Obama, Attorney General Holder, FBI Director Mueller, and many other levels and branches of our government and law enforcement agencies, all the details surrounding the availability of criminal evidence with supporting informant testimony pertaining to alleged corruption surrounding the United Airlines post-9/11 bankruptcy and other critical aviation safety and security issues affecting passengers who board commercial jet aircraft.
162. In January 2010, I was contacted by Mr. BJ Davis, president of Fleur De Lis Film Studios in Hollywood for the purpose of premiering on his upcoming blockbuster TV series, “Whistleblowers…The Untold Stories” to which I agreed. Mr. Davis was working in concert with the efforts of the Government Accountability Project in DC in hopes of heightening public awareness of the plight of today’s federal whistleblowers, as his wife, Julia a screenplay writer and journalist for the Los Angeles edition of Examiner.com and also a national security whistleblower, had experienced a nightmare trauma as a national security federal whistleblower. Her story is also being presented in an upcoming movie currently under production in Hollywood.
163. In February 2010, I returned to the United States from Pakistan and flew to Los Angeles to meet with Mr. Davis and his wife and filmed several hours of testimony before a Fleur De Lis film crew wherein I recounted my past several years as a federal whistleblower on numerous counts and part of this testimony will debut in the upcoming TV series mentioned above.
164. In March 2010, I returned to my rental residence in Islamabad, Pakistan and was contacted by Mr. David Gibbons and agreed to appear on his “In Discussion” radio program along with guest and friend of mine, fired Federal Air Marshal Robert MacLean who had also been terminated by the Transportation Security Administration for revealing on national TV lapses in airline security due to cutbacks in air marshals onboard domestic flights, just as I had earlier reported in my ASAP reports in 2003 that, in part, caused my termination as a pilot at United Airlines. As a guest on his program, I provided my story over the phone from my residence in Islamabad.
165. Subsequently, through additional phone contacts with Mr. Gibbons, I agreed to return to the United States in May to visit his studio for another interview sometime in June. In late May, I flew from Islamabad, Pakistan through Dubai, UAE and Washington DC to my home in Atlanta and vacated my townhome there while relinquishing most of my household goods to charity, putting the remainder in mini-storage, and selling my Ford Mustang that I was in arrears in payment amongst other financial expenses incurred as a result of the long-term stonewalling of my federal reports and other correspondences.
166. In early June, I flew from Atlanta, Georgia to Phoenix, Arizona and caught a taxi to VoiceAmerica radio studios and was filmed in a one-on-one radio interview with Mr. Gibbons where I recounted my life story that led me down the path to my present station in life as a federal whistleblower.
167. In July 2010 my son, a resident of Atlanta, Georgia, phone contacted me and advised that an agent of the Atlanta FBI Joint Terrorist Task Force had left his business card in the door of his apartment with a note asking my son to contact him either face-to-face in person or on the phone and my son was alarmed and concerned that perhaps he might have been in some legal trouble for an unknown reason. I advised my son to call the agent to determine the nature of his notification and, if he wished to speak with me, I would phone-contact him personally from Pakistan, which he immediately did.
168. Several minutes later, my son called me back and informed me that an FBI agent wished to speak with me, so I called the FBI Agent and was advised that the FBI has received an anonymous tip that I had met a Pakistani woman, married her, was living in Islamabad, Pakistan and making derogatory public statements against the United States government that required the FBI Joint Terrorist Task Force to investigate, hence the phone call.
169. I specifically asked the agent if he had, in fact, Googled Captain Dan Hanley, which would lead him to links to our Whistleblowing Airline Employees Association website and the information contained therein, which he admitted that he had thoroughly reviewed said content. I then advised the agent that our mission statement located at that site was not only in full support of the Departments of Transportation and Homeland Security mission statements on their websites, but also fully supported the mission statements Department of Justice and many other levels and branches of federal government as reiterated in numerous letters written to that federal agency in the past and posted on our website:
170. Department of Justice Mission Statement on their website:
"To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."
171. The FBI agent agreed with my assertions and informed me that he would probably close out my case, but I was still left with uncertainty and a feeling of healthful paranoia regarding this phone conversation, given what happened to BJ and Julia Davis and her parents during the Blackhawk helo raid on their Palm Springs residence involving the Department of Homeland Security commandos that had unlawfully entered their house without warrant and terrorized Julia’s aging parents, especially after I had specifically requested physical, political, and legal protections in my original 2007 Sarbanes-Oxley filing, of which the investigation had been delayed for over three years and caused my current financial demise as a federal whistleblower.
172. On July 19, 2010, I emailed the FBI Agent thanking him for contacting me about this grave insinuation that as national public spokesperson for an airline safety and security advocacy grassroots effort that I might somehow be possibly labeled a ‘domestic terrorist’ by the FBI after I had been attempting to request many occasions for this very federal criminal investigative agency to review evidence and hear witness testimony since 2006 when then Illinois Senator Obama had first been made aware of such information, along with Senators Reid and Durbin. Because I had received threatening phone calls and other subtle insinuations of threats in emails of late, I was fearful for the physical safety of family members still residing in the United States when I had done nothing wrong, but fully supported the laws and regulations and the United States Constitution in all my actions to date.
173. Prior to receiving Assistant Inspector General Robert Westbrook’s August 2010 letter, I had spoken numerous times with Mr. Scott Harding, the DOT IG Compliance Officer, and other members of his staff concerning very specific issues regarding my case, as well as other airline pilots in similar situations and requested that a meeting be arranged with DOT IG Scovel and other members of his staff to address these very issues. Mr. Harding advised me over the phone that, should we show up at his office without an invitation, we might not be admitted into the Department of Transportation Inspector General’s DC office building by security officials at that establishment.
Summary
174. Through the continued coordination, cooperation and full support of other grassroots organizations and airline safety and security whistleblower advocacy groups and individual whistleblowers, it is my full intent to file a joint class-action civil Bivens suit in the very near future that specifically names certain individuals and organizations within civil and governmental agencies who have breached the public trust, safety, health, and security, and allegedly violated the civil and federal rights of U.S. tax-paying citizens in failing to fulfill their responsibilities of office as prescribed by federal laws and regulations, some of which may have violated RICO and other statutes.
175. In support of these same allegations, included as evidence of violation of human rights abuses as prescribed by UN Charter, President Obama has sworn his support of a UN resolution brought before a meeting held in Geneva, Switzerland in November will be presented as evidence. President Obama has spoken on the phone personally, as has Attorney General Holder, with Medical Whistleblower Executive Director Dr. Janet Parker concerning human rights abuses that include alleged federal suppression of airline pilot whistleblowers through employment of ‘hostile work environment forced psychiatric and medical examinations’. I currently serve as Dr. Parker’s ‘Transportation Medical Whistleblower’ in her organization.
176. I am still currently living abroad in Pakistan as an unprotected federal whistleblower who’s human, civil, and legal rights as such have been denied thus far. This separation from my U.S. family members is very sad and most unfortunate in that I was merely attempting to protect the lives of airline passengers and aircrew members alike through my actions as a United Airlines B-777 captain flying many trips between New York and London during the post-9/11 era.
177. As a 35-year veteran of naval and commercial aviation attempting to ethically and legally operate commercial airline flights in accordance with federal regulations commensurate with the professional standards prescribed in the first sentence of the Air Line Pilots Association Code of Ethics and endorsed by United Airlines company policy and directives when I first spoke out in 2002, I have paid dearly. Separated from my son and daughter, financially bankrupt, allegedly being insinuated by the Department of Justice that perhaps somehow that my honest effort to protect the traveling public might label me a ‘domestic terrorist’, my thoughts and opinions were reflected in this June 2009 editorial email to key members of government, congress, the civil sector of business and other media representatives:
----- Original Message -----
From: Dan Hanley
Cc: Calvin L. Scovel ; Senator Byron Dorgan ; Rich Swayze ; Senator Johnny Isakson ; Senator Daniel Akaka ; Captain John Prater ; Senator Claire McCaskill ; Congresswoman Sheila Jackson-Lee ; Congressman Jerry Costello ; Congressman Lynn Westmoreland ; Congressman Westmoreland ; FAA Administrator Randy Babbitt ; FAA Whistleblower Alliance ; Matthew Wald ; David Cay Johnston ; David Cay Johnston ; Rocci Fisch ; Captain Steve Wallach ; Captain Jeff Barath ; Captain Joseph Genovese ; UAL Board ; Pete McDonald ; Paul Lovejoy ; Glenn Tilton
Sent: Calvin L. Scovel ; Senator Byron Dorgan ; Rich Swayze ; Senator Johnny Isakson ; Senator Daniel Akaka ; Captain John Prater ; Senator Claire McCaskill ; Congresswoman Sheila Jackson-Lee ; Congressman Jerry Costello ; Congressman Lynn Westmoreland ; Congressman Westmoreland ; FAA Administrator Randy Babbitt ; FAA Whistleblower Alliance ; Matthew Wald ; David Cay Johnston ; David Cay Johnston ; Rocci Fisch ; Captain Steve Wallach ; Captain Jeff Barath ; Captain Joseph Genovese ; UAL Board ; Pete McDonald ; Paul Lovejoy ; Glenn Tilton
Sent: Sunday, June 14, 2009 2:02 PM
Subject: Whistleblowing Airline Employees Association
WHISTLEBLOWING AIRLINE EMPLOYEES ASSOCIATION
"Patriotism and Freedom of Speech in Action"
Editorial Comment
On June 11, 2009, the United Airlines Board of Directors held their annual shareholders meeting in Chicago where many of its employees were seen picketing, in addition to attending the meeting during which select employees were given the opportunity to pose questions to senior level management regarding operational concerns that included alleged degradation of airline safety as a direct result of decisions reached by upper-level airline managers who have no direct experience as a line captain at that airline.
Below is a direct quote excerpt from the website of the Association of Flight Attendants, the union representing United Airlines flight attendants, including 55,000 flight attendants at 21 carriers in the United States.
“Some pilots expressed concern about being scrutinized and intimidated after making decisions to refuse aircraft for safety concerns. The response from Kolchak, the Senior Vice President in charge of maintenance, was that United would change its training so that every pilot accepts an aircraft when the minimum equipment list standards are met instead of allowing Captains to use their discretion as empowered by the FAA. Kolchak said United would never put a plane on the line that wasn’t fit to fly and acknowledged the Captain’s discretion was being questioned.”
In July, 2008, United Airlines filed suit in Chicago resulting in a federal judge ruling that implicitly added undue pressures on line captains with regard to ensuring on-time departures from the gate for fear of being held in contempt of the judge’s ruling perhaps sometime in the future. Recently, United Airlines management suspended continued legal response to a threat of appeal of this ruling by ALPA until a contract settlement might hopefully reached sometime late this year, but with the impending threat of potential legal action should the need arise.
Reports have been received from United Airline line captains of flight managers appearing in the cockpit just prior to aircraft pushback to question the captain’s judgment and authority for delaying a flight for operational safety, but in compliance with federal aviation regulatory requirements.
Conversely, a report was received from one United B-777 captain of a situation at the gate in San Francisco with an FAA Air Carrier Inspector occupying the cockpit jump seat for a routine check ride of the cockpit crew. Just prior to pushback, the purser entered the cockpit to advise the captain that a light bulb in the forward lavatory had burnt out, but there was still adequate illumination in this facility. The FAA Air Carrier inspector informed the captain that this discrepancy must be entered into the aircraft log book and signed off by maintenance personnel or the light bulb replaced before pushback. He went on to remark that if one of these actions were not performed, then the captain would receive a flight violation for noncompliance with federal aviation regulations pertaining to this situation. Other similar reports have been received also.
Additionally, it was recently reported in the news of an incident involving a United captain several years ago that was allegedly removed from the line for reporting unsafe conditions at United Airlines to United Airlines management, ALPA, and the FAA-appointed Principle Operation inspector, but was subsequently placed in a ‘medically grounded’ status at that airline. The Department of Transportation Inspector General and the FAA are currently investigating this matter, and relevant congressional committee chairmen have been advised. But recent advisement from a DOT IG staff member has suggested that this investigative process sometimes takes as long as 30-180 days.
If Mr. Kolchak’s statements above are interpreted correctly, is it reasonable to assume that senior level United management with no line experience as a captain are now apparently abrogating the authority and discretion of the captain in questioning his operational decision to delay the departure of an aircraft from the gate for maintenance reasons? Although maintenance clearance of an aircraft for flight in consonance with Minimum Equipment List (MEL) for that segment of the flight is the responsibility and authority vested in that department, it is ultimately the authority and responsibility of the captain in making the final decision regarding brake release based on his assessment and analysis of the condition of the aircraft, but including other operational requirements he deems essential, above and beyond MEL requirements and in keeping with federal aviation regulations regarding maintenance issues that must be repaired before departure, lest he receive an FAA flight violation as noted above.
With the pressure exerted by threatened future legal action of contempt of court, coupled with this increased purported pressure by senior level management that apparently enables maintenance personnel to question captain’s discretion, it has become apparent to many that United Airlines pilots are caught between the proverbial rock and a hard spot. The implicit suggestion here is that situations could arise in the future where a captain is held in contempt for delaying a flight, or be violated for noncompliance with federal aviation regulations. What is the legal position of the FAA Principle Operations Inspector at United Airlines in this matter? If this persisting and degenerating situation continues, at what point in time will the Department of Transportation Inspector General and relevant congressional committees intercede on behalf of aircrew members and the travelling public? Hopefully this will occur immediately.
The recent Colgan Air tragedy divulged alleged suppression of line pilots and a maintenance inspector, which purportedly, as reported by the media, were issues that were ignored by the Federal Aviation Administration. Although recently confirmed Federal Aviation Administrator J. Randolph Babbitt affirmed that Aviation Safety Awareness Programs would be instated at all airlines in the United States, the issues addressed herein are very time-sensitive requiring the immediate attention and rectification of potential conflicts of interest regarding the safe carriage of passengers in commercial jet aircraft, while protecting the rights, responsibilities, and authority of pilots occupying the left seat.
At what point in time will members of Congress, the Department of Transportation, and senior level airline management come to grips with the reality of the potential threats to aviation safety, given the present reality for line aircrew members and employees? Hopefully, this awareness will not be presented to them with the loss of a wide-body aircraft sometime in the not-too-distant future. Government officials and airline management boast of the past record of safety in the industry, without recognition of the fact of the massive degradation of safety that has resulted from external threats and pressures being exerted. It has been duly noted by many that not one single active line or retired airline pilot from a trunk carrier, whose cumulative pilot experiences totals millions of years of line flight experience, have been permitted to testify before relevant congressional committees. Why? It is surmised by many pilots within our association and elsewhere that the travelling public would be more than a little disturbed by what they might learn from testimony of experienced line pilots, particularly with regard to what has transpired concerning external pressures that have been exerted during and after the post-9/11 bankruptcies to present.
With all due respect to their offices, members of Congress and the Department of Transportation have limited knowledge and no line experience as a commercial pilot. Consequently, it would seem reasonable that these agencies of government would be most eager to receive testimony from all available sources, given what has been reported recently in the media of pilot suppression and other matters in the aftermath of the Colgan Air disaster. Hopefully, Captain Sullenberger will address these same safety concerns in his upcoming book.
Numerous trunk airline first officers have privately admitted working full-time jobs outside their airline pilot employment as a result of taking up to a 60% reduction in pay the past several years. These outside jobs provide their primary source of income as augmented by their airline salary. Some of these same individuals have started their own businesses with the intent of resigning from their airline jobs at their earliest convenience, admitting that the continued harassment and intimidation, poor morale, working, and pay conditions, coupled with the instability within the industry no longer make the pilot job and extensive family separation attractive to them.
Additionally, senior active airline captains from trunk carriers are working minimum schedules to escape this hazardous environment, but must remain employed because they cannot afford to retire as a result of their pension and, in some cases ESOP stock loss, during the post-9/11 bankruptcy processes. Contrary to what some might imagine, it does count just how many times a pilot walks down the jet way in their career with regard to airline safety issues. Degradation of morale amongst cockpit and cabin crew as a result of extraneous pressures serves as a distraction and degradation to issues of safety. Anyone who has ever occupied either seat of a commercial jet aircraft realize this, while others with no line experience as a pilot cannot conceive of this being the case.
Unequivocally, issues of commercial aviation safety must necessarily be maintained in a vacuum without the impediment of external financial, legal, and political pressures and influences exerted on aircrew members wishing to report known safety deficiencies for fear of undue recriminations by management, the FAA, or contempt of implicit court ruling pressures, or possible dismissal via the Employee Assistance Program (EAP), as has been reported in the media of late. Unless current federal aviation regulations are amended to reflect a change in this regard, appropriate and immediate redress by some agency of the federal government is immediately imperative. Employees cannot afford to wait an additional 30-180 days for a DOT or congressional response. Airline pilots’ careers and passenger safety are otherwise at risk.
The first few sentences of the Air Line Pilots Association Code of Ethics thus state:
AN AIRLINE PILOT will keep uppermost in his mind that the safety, comfort, and well-being of the passengers who entrust their lives to him are his first and greatest responsibility.
Ø He will never permit external pressures or personal desires to influence his judgment, nor will he knowingly do anything that could jeopardize flight safety.
Ø He will remember that an act of omission can be as hazardous as a deliberate act of commission, and he will not neglect any detail that contributes to the safety of flight, or perform any operation in a careless or reckless manner.
Ø Consistent with flight safety, he will at all times operate his aircraft in manner that will contribute to the comfort, peace of mind, and well-being of his passengers, instilling trust in him and the airline he represents.
Ø Once he has discharged his primary responsibility for the safety and comfort of his passengers, he will remember that they depend upon him to do all that is possible to deliver them to their destination at the scheduled time.
Ø If a disaster should strike, he will take whatever action he deems necessary to protect the lives of his crew and his passengers.
The Federal Aviation Administration website contains the following statement:
Our Mission
Our continuing mission is to provide the safest, most efficient aerospace system in the world.
Our Vision
We continue to improve safety and efficiency of flight. We are responsive to our customers and are accountable to the taxpayer and the flying public.
Our Values
Safety is our passion. We are the world leaders in aerospace safety.
Quality is our trademark. We serve our stakeholders, our customers, and each other.
Integrity is our character. We do the right thing, even when no one is looking.
People are our strength. We treat people as we want to be treated.
There are many in the airline industry who believe that careless misinterpretation and potentially harmful ignorance of federal aviation regulations that enables horrific and reckless scheduling of aircrew members resulting in crew fatigue, while usurping the authority of the captain, coupled with the incapacity of senior level airline management to recognize the inherent dangers in the situations that they have created as a result of poor decisions has created a potential recipe for the next major commercial airline disaster. Airline employees do, but need a voice in government to speak out on their behalf, as well as the millions who travel by commercial air.
“Aviation in itself is not inherently dangerous. But to an even greater degree than the sea, it is terribly unforgiving of any carelessness, incapacity or neglect.”
~ Captain A. G. Lamplugh circa 1930 ~
(EOM)
178. Based on the evidence and information contained within this affidavit and the availability of criminal informants and witnesses, I hereby respectfully request that the Atlanta offices of Special Agent-in-Charge Brian Lamkin and SEC Assistant Director Matthew McNamara include this legal affidavit in my file concerning your ongoing investigation of the United Airlines bankruptcy.
179. It is further respectfully requested that FBI Atlanta initiate an immediate federal investigation into the information thus provided and hereby charge yet unnamed individuals within the Departments of Justice, Homeland Security, Securities and Exchange Commission and other agencies, businesses and individuals with alleged obstruction of justice, misprision of felony, and manslaughter for their purported contemptuous response in negligently ignoring the facts provided to their offices the past several years by others and myself.
180. Additionally, as asserted in a letter and Social Security Disability Income (SSDI) Fraud report sent to Social Security Administration Inspector General Patrick O’Carroll and also in a letter to Senator Charles Grassley in early 2008 regarding criminal fraud, waste and abuse allegations leveled against Metropolitan Life Insurance Company, Occudata Inc. of Mission, Kansas, United Airlines, and the Air Line Pilots Association, I have available substantial criminal evidence with supporting witness testimony of said SSDI fraud by these organizations and ask that this evidence be made available to agents of the FBI as supporting material evidence in support of my 2007 Sarbanes-Oxley claims.
181. I respectfully request that these alleged criminal charges be included in the federal complaint file by me with the Atlanta office of the FBI in July 2010.
182. Since on three separate occasions in as many years, the Department of Justice has insisted that I contact the Atlanta office of the FBI if I had criminal evidence or information to provide, I have elected to submit this legal affidavit to the office of FBI Atlanta as supporting proof for the requirement to initiate said criminal investigation since I am presently living abroad and unable to physically appear in this office. A signed and sworn copy of this legal affidavit is being forwarded to your office via Federal Express shortly.
183. It is further requested that others and myself be guaranteed sufficient legal, political, and physical protections as provided by federal law under federal statutes as reiterated in the Sarbanes-Oxley Act of 2002, and guaranteed immunity from prosecution for those who may have unknowingly violated state and federal laws and regulations in their attempts to uphold the same while protecting the lives of passengers and aircrew members and saving tax dollars for U.S. citizens who may have been defrauded by our government and/or other civil businesses or agencies associated with the federal government in some capacity.
184. Additionally, due to phenomenal financial encumbrances incurred as a result of my attempted whistleblowing efforts due in part to the over three year delay by agencies of our federal government in acknowledging my Sarbanes-Oxley report and the continued failure of the following offices to respond to repeated pleas to investigate said Sarbanes-Oxley allegations associated with information required from their offices for criminal prosecution, I have been forced to resort to filing chapter seven bankruptcy and currently my creditors are hounding and harassing members of my immediate family for repayment of my numerous debts accrued over the past three years:
Ø The Honorable Mary Shapiro – Commissioner, SEC
Ø The Honorable Richard Fine – Inspector General, Department of Justice
Ø The Honorable Eric Holder – Attorney General of the United States
Ø The Honorable Lanny Breuer – Assistant Attorney General, Criminal Division
Ø The Honorable Calvin Scovel – Inspector General, Department of Transportation
Ø The Honorable Randy Babbitt – Administrator, Federal Aviation Administration
Ø Department of Treasury Inspector General Eric Thorsen
Ø Treasury Secretary Timothy Geithner
Ø Department of Labor Inspector General Gordon S. Heddell
Ø Former Labor Secretary Elaine Chao
Ø PBGC Inspector General Deborah Stover-Springer
185. Request is respectfully made that the appropriate office of the Treasury and Commerce Departments be contacted to cause termination of said harassment and intimidation of my immediate family members for debts accrued by me during this three year delay period until such time that I can safely return to the United States and file for bankruptcy protection. To date, because of my present station as a federal whistleblower, there have been no reputable law firms within the United States willing to represent my legal interests and concerns in this matter for fear of legal disbarment as a practicing attorney in a case involving alleged judicial corruption and other major issues.
186. Failure to comply with my honorable demands as a U.S. tax-paying citizen will further demonstrate a miscarriage of federal justice by the Department of Justice and other branches of our government as amply demonstrated by the above given facts in my case.
187. President Obama during his campaign for the Oval Office promised the citizens of our great nation a ‘greater openness of government’ with ‘enhanced protection for federal whistleblowers’, while proclaiming that ‘no one is above the law’. I serve as but one of many federal whistleblowers casualties in our country who has suffered severe familial, financial, professional, personal and other damages for attempting to uphold the laws of our land and our sacred constitution. Vice President Joe Biden made similar promises during his campaign alongside President Obama.
188. Has our nation arrived at the point in our history that honest and patriotic citizens must flee the homeland attempting to seek refuge in countries who are diplomatic friends of the United States and other nations while awaiting investigations that expose corruption to serve appropriate justice on alleged white-collar criminals in America? ‘We the People’ certainly hope not.
189. May God bless and protect our homeland, the United States of America, and its citizens.
190. “In God We Trust”
Further Affiant Sayeth Naught.
______________________________
Captain Daniel William Hanley
National Public Spokesperson
Whistleblowing Airline Employees Association
SUBSCRIBED and SWORN before me on
This _____ day of _________________ 2010
_______________________________
Notary Public
from Dan Hanley captaindanhanley@gmail.com
to FBI Atlanta Special Agent Brian Lamkin ,
SEC Atlanta Assistant Director Matt McNamara ,
Northwest Airlines Captain Field McConnell
Cc Attorney General Eric Holder ,
ASST AG Lanny Breuer ,
FBI Director Robert Mueller ,
Chicago FBI Special Agent-in-Charge Robert Grant ,
Atlanta FBI Agent Mark Grant ,
Amnesty International Salil Shetty - Secretary General ,
The Honorable Luis Moreno-Ocampo ,
TomD@whistleblower.org,
Shanna Devine ,
Project on Government Oversight Keith Rutter ,
Veterans Today Gordon Duff
PTV Marketing Adil Al Hashimy ,
Huma Hashmi ,
DHS IG Richard Skinner ,
Senator Chambliss ,
Senator Isakson ,
Congressman Lynn Westmoreland ,
Congressman Westmoreland - Joe Lillis
date Tue, May 24, 2011 at 4:50 PM
subject 5 Year DOJ Stonewall: Must one seek political asylum to achieve justice?
mailed-by gmail.com
WHISTLEBLOWING AIRLINE EMPLOYEES ASSOCIATION INTERNATIONAL
"Patriotism and Freedom of Speech in Action!"
To Atlanta FBI Special Agent-in-Charge Brian Lamkin and Atlanta SEC Assistant Director Matthew McNamara:
The Department of Justice has been successful in stonewalling my Sarbanes-Oxley allegations for five years. The Dodd-Frank Wall Street Reform bill will be presented in its final form by the SEC tomorrow. Based on my past experience with Sarbanes-Oxley, I am not confident that the whistle blower protective provisions of this legislation will provide the necessary legal protections for federal whistle blowers willing to step forth with information concerning alleged white-collar criminality.
I will patiently wait to read this bill and decide whether or not to appeal to a foreign government for political asylum to protect myself since my allegations are far reaching and involves billions of dollars and organized criminal elements who I have alleged violated provisions of the Racketeering Influenced Corrupt Organization Act (RICO). My U.S. citizenship is my birthright and the rights to freedom of speech is provided by the First Amendment of the U.S. Constitution. No government 'owns' me or controls my vocal chords. I am a U.S. patriotic citizen who is merely attempting to help expose high crimes, but have failed to be provided with legal support and protection from the United States government.
I have done nothing wrong; my government has failed me. I fully intend to file a federal suit against the United States government in the next few months in accordance with the provisions of the Federal Tort Claims Act.
Very respectfully,
Captain Dan Hanley
International Public Spokesperson
Whistleblowing Airline Employees Association International
cc: Attorney General Eric Holder
DHS Inspector General Richard Skinner
Assistant AG Criminal Division Lanny Breuer
FBI Director Robert Mueller
Atlanta FBI Joint Terrorist Task Force Agent George Sexton
Atlanta FBI Agent Mark Grant
Senator Saxby Chambliss
Senator Johnny Isakson
Congressman Lynn Westmoreland
Amnesty International Salil Shetty
Amnesty International Colm O'Cuanachain
International Criminal Court Prosecutor Luis Moreno-Ocampo
Government Accountability Project Tom Devine
Government Accountability Project Shanna Devine
Project on Government Oversight Keith Rutter
Project on Government Oversight Angela Canterbury
Washington Examiner Barbara Hollingsworth
Veterans Today Editor Gordon Duff
Pakistan TV Marketing Director Adil Al Hashimy
Huma Hashmi-Hanley - Spouse
May 27, 2011
Islamabad, Pakistan
The Honorable Rehman Malik
Minister of the Interior
Room # 438, 4TH Floor R-Block
Pak Secretariat
Islamabad, Pakistan
SUBJ: PETITION FOR IMMEDIATE POLITICAL ASYLUM ON HUMANITARIAN GROUNDS
Dear Interior Minister Malik,
I am writing to your good office today in petition for your consideration of granting me political asylum in the great nation of Pakistan for the reasons stated below. I am a U.S. citizen who has been living in Islamabad since November 2009 entering the country on a multiple-entry visa that contains a provision of a maximum stay per visit of one year. I was married in a private civil religious service in Islamabad last year to Pakistan citizenHuma Hashmi-Hanley who previously served as an anchorwoman/compere for PTV and DAWN News for many years and we have two children by her previous marriage under our roof.
Recently, we commenced the launch of an NGO for the ‘forgotten ones’ in the flooded regions of Pakistan, but have not yet collected monies pending approval of our forthcoming application. Huma and I have agreed to not to accept one single rupee for ourselves as a contribution to those who are less fortunate might receive food, shelter, and clothing. For these and other reasons, I petition you to assist us so that we may remain living together as a family for the betterment of Pakistan citizens.
A few weeks ago, I had drafted a letter to your office applying for dual U.S./Pakistan citizenship, but as the political situation has intensified, I perhaps feel this to be an exercise in futility at the present time. It is hopeful by me and my family that you waive the provision on my multiple-entry visa that requires that I depart Pakistan once per year, as I fear that my departure through immigration may preclude my return to my family should the political situation worsen sometime in the future, never mind the added travel expenses incurred in exiting and hopefully returning to Pakistan.
As a former distinguished U.S. Naval Aviator and United Airline captain, I am a whistleblower on numerous counts who feels threatened to return to my homeland, the United States of America for the reasons stated below:
The Atlanta, Georgia office of the Securities and Exchange Commission (SEC) is currently investigating my Sarbanes-Oxley (SOX) disclosures of alleged bankruptcy fraud involving the United Airlines post-9/11 bankruptcy that concerns the alleged theft of billions of dollars and high threat criminal elements in the states and abroad.
Additionally, I am a Federal Aviation Administration/Department of Homeland Security whistleblower whose rights have been denied in processing my FAA Whistle Blower Protection Report concerning my wrongful termination as a United B-777 captain in the post-9/11 era.
I also serve as the Transportation Medical Whistleblower for a global grassroots network of medical professionals known as ‘Medical Whistleblower’.
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.
The U.S. Department of Justice, after several years has refused to join the SEC in this federal investigation involving alleged infractions of theRacketeer Influenced and Corrupt Organizations Act (RICO Act) and will not provide witness protection to myself or criminal informants, nor will my home state of Georgia congressional representatives intercede on my behalf to legally and politically protect me. I have done nothing wrong, but everything in accordance with U.S. federal laws and regulations in reporting a major crime to competent authority and I have placed myself and my family at grave risk for doing so.
Last July, a member of the Atlanta FBI Joint Terrorist Task Forcecontacted me in Islamabad informing of their knowledge that I was living in Islamabad, married to Huma Hashmi, and allegedly ‘making statements against the U.S. government’.
One month ago, three agents of the Atlanta FBI paid a visit to the home of my sister who lives in Georgia looking for me, as they stated that I may be in danger and were concerned for my welfare. I have done nothing whatsoever in violation of federal laws and have a clean legal record.
Being of strong Irish heritage and given the political uncertainty at present in Pakistan and the region, while being concerned of sustaining my Pakistan visa, several months ago I applied to the Irish Office of Justice, Law and Reform seeking a waiver to their provisions for dual Irish/U.S. citizenship, but they merely advised me that they were processing my application. During this same time frame, I petitioning Amnesty International to aid me in some way, but their office never responded to my request.
I have submitted an affidavit to the International Criminal Court in The Hague and, again, their office thanked me for my input, but has not acted in any way to assist me in this matter. All of these matters are of grave global political importance, particularly to the good citizens of Pakistan who have paid a dear price in monies and blood fighting the ‘war on terror’ that commenced in 2001.
I have recently declared myself a ‘world citizen’ in search of a legal domicile outside the conterminous United States, but will never renounce my U.S. citizenship, which is my birthright. I served with distinction and honor as a U.S. Naval officer/aviator and my whistleblower efforts have been strongly endorsed by both the Government Accountability Projectand the National Whistleblower Center in Washington DC.
Senator John McCain recently introduced a bill in the U.S. Senate entitled, the "Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010”, that potentially places every American citizen whistleblower at risk for exercising their first amendment freedom of speech rights with possibleimprisonment for doing so ‘until all hostilities cease’. Although not yet passed, this bill poses threatening overtures of my possible incarceration without legal representation under the auspices of the USA Patriot Act, given my past whistleblower disclosures.
Because my government has failed in its responsibilities to me as a federal whistleblower, in accordance with the U.S. 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) ), I have filed copies of Standard Form 95 Claim for Damage, Injury or Death giving notice to various offices of my intent to file a damage claim against the United States government within the next few months for the amount of $20-million, which poses additional risks to me as a federal whistleblower.
In the past ten years, a full 98% of all U.S. federal whistleblowers have failed in their attempts to expose criminal activity involving fraud, waste and abuse of U.S. tax payer dollars. Of those numbers, there is a ten to one ratio of disenfranchised aviation whistleblowers to all others.
They say that love knows no boundaries and I married Huma Hashmibecause we truly love one another. 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 still 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.
Having endured many personal hardships myself the past several years, albeit small in comparison to the good citizens of Pakistan, my loving wife Huma and I pray that the government of Pakistan will give full consideration to our pending plea to remain together as a family of four in Islamabad as we attempt to grow our business service in support of our two children in Islamabad, my college-age student daughter in Atlanta, Georgia, and the launch of our NGO for the less-privileged ‘forgotten ones’ who are still attempting to survive the elements starving in tent cities in the rural areas of Pakistan.
It is herein that I respectfully request that the government of Pakistan waive the restriction of a maximum stay of one year on my travel visa and grant me political asylum until these legal and political matters are resolved. If agreed, please advise me via this email address of the specific administrative requirements for processing this request. Although tangentially related, I am seeking political asylum for humanitarian reasons as stated above.
I dearly love my own country and its citizens and embrace the U.S. Constitution for those moral values that it perhaps once represented, but feel have been breached in my case. I also dearly love Pakistan and its people and weep for all the death, injuries and destruction that has been wrought on its citizens and economy over the past decade from participation in the ‘war on terror’.
At present, I feel like a man without a country, an orphan refugee seeking refuge in foreign lands until my legal case has been adequately addressed and my physical protection is guaranteed. Please give me a home in Pakistan; I intend to apply for dual U.S./Pakistan citizenship and reside in Islamabad once peace and prosperity is restored to your people and their country. I also very much desire to return one day to my homeland, the United States of America, so that I may be once again reunited with my family members there once peace and prosperity is restored globally.
As a testament to my whistleblower efforts, I offer you the following endorsements received from two of the largest whistleblower organizations in the world located in Washington, DC:
“Dan Hanley is an effective champion for advancing the rights of whistleblowers. Dan’s tireless work on behalf of airline employees, and his effective voice as a national spokesman on behalf of the Whistleblowing Airlines Employees Association, is vital to protect the rights of all employees to expose illegal conduct by their employers. Dan has been on the front lines in the battle to hold our nation’s airlines accountable for lapses in airline safety, threats to national security and violations of law.
Additionally, Dan is helping to ignite a growing grass-roots movement of citizens, whistleblowers and activists to support the enactment of strong whistleblower protections for both government and private industry employees. We whole-heartedly support and appreciate Dan’s efforts and look forward to working with him to accomplish long-overdue goals of effective government reforms and stronger whistleblower laws.”
“Dan Hanley’s leadership of the Whistleblowing Airlines Employees Association personifies why whistleblowers make a difference keeping bureaucracies and politicians honest, and warning the public when they’re not. His commitment to public service is cheerfully relentless and unqualified. As long as he is breathing, he is fighting bureaucratic abuses of power that betray the public trust,” stated Tom Devine, GAP legal director.
I was also honored several months ago with a ‘Restore Integrity’ award by a U.S. grassroots effort, POPULAR, Power Over Poverty Under Laws of America Restored:
Captain Dan Hanley of the “Whistleblowing Airline Employees Association” for his relentless advocacy to ultimately keep the skies safe for millions of air travelers, culminating with a recent commitment by the U.S. Securities and Exchange Commission to consider alleged improprieties attendant to the United Airlines Chapter 11 bankruptcy.
Thank you for your consideration. I will wait patiently for a reply while keeping in mind that for my family and me time is of the essence.
Very respectfully,
Encl: Marriage Affidavit Certificate
My Shahada Certificate
Restore Integrity Award Certificate
Cc: Capt. (R) Raashid Bashir Mazari - Joint Secretary, Interior Ministry
Mr. Sawar Khan – Deputy Secretary, Imigration, Passport & Nationality
Mr. Muhammad Khurshid Khan – Senior Officer, Passports/Policy
Mr. Fazal Hussain – Deputy Secretary Poll., International
Mr. Abdur Rehman - Section Officer Poll.
Members of the Whistleblowing Airline Employees Association Intl
it is realy true ....that one having power can snatch the justice..............
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