The Honorable Lanny Breuer – Asst AG Robert Mueller – Director
Department of Justice - Criminal Division Federal Bureau of Investigation
950 Pennsylvania Avenue NW J. Edgar Hoover Building
Washington, DC 20530 935 Pennsylvania Avenue NW
Patrick J. Fitzgerald – U.S. Attorney Robert D. Grant
Northern District of Illinois – Eastern Division Special Agent-in-Charge
U.S. Department of Justice Chicago Federal Bureau of Investigation
219 South Dearborn Street – 5th Floor 2111 West Roosevelt Road
Chicago, Illinois 60604 Chicago, Illinois 60608
SUBJ: SEC INVESTIGATION OF ALLEGED UNITED AIRLINES BANKRUPTCY CORRUPTION
Dear Honorable Mary Schapiro and Gentlemen,
I currently serve as national public spokesperson for the Whistleblowing Airline Employees Association, an international grassroots airline safety and security advocacy group representing the interests and concerns of employees from the airline industry, Federal Aviation Administration and Transportation Security Administration, whose ‘special interests’ are the millions who travel by commercial air. Our goal is to support the FAA mission statement of in making our aerospace system “the safest, most efficient aerospace system in the world”.
In support of this goal and our organization, several notable members of prominent whistleblower organizations recently endorsed our honest efforts:
“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.
“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.”
Additionally, I was recently honored with an ethics award in the grassroots category presented by “Power Over Poverty Under Laws of America Restored” (POPULAR). Members of this nonprofit corporation are committed to helping poor and other disadvantaged people access to affordable and competent legal representation, appropriate judicial oversight, and important civil and criminal justice system reforms.
Grassroots Advocacy Category:
Captain Dan Hanleyof 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.
Finally, on January 28, 2010, my name and our association recently appeared as one of 352 organizations and corporations in an open letter sent to President Obama and members of Congress supporting swift action to restore strong and comprehensive whistleblower rights.
President Obama campaigned on promises of greater openness of government and enhanced protection for federal whistleblowers. When President Bush signed the Sarbanes-Oxley Act of 2002 into law, he proclaimed this legislation to be the “most far-reaching reforms in American business practices since the time of Franklin D. Roosevelt”. This law, supposedly designed to protect corporate whistleblowers, has not served me well in that regard. It is just a trap, and secretive DOJ ‘deferred prosecution agreements’ make it even more so. The law must be repealed or amended to protect honest whistleblowers who speak out.
Reference exhibits to the following may be found on the Whistleblowing Airline Employees Association Exhibit Filepage of our website, but are hyperlinked below for your reading convenience:
On November 3, 2009, Securities and Exchange Commissioner Inspector General H. David Kotz advised me in a letterthat the Securities and Exchange Commission had initiated an investigation in response to a letter sent dated January 29, 2009 requesting said investigation concerning my Sarbanes-Oxley filing in October 2007 of alleged issues of corruption associated with the United Airlines post-9/11 bankruptcy.
On November 23, 2009, I sent a letterof inquiry to Assistant Attorney General – Criminal Division Lanny Breuer asking as to whether a ‘deferred prosecution agreement’ had been entered into with the management of United Airlines concerning corruption issues surrounding their bankruptcy. To date, this office has not responded to this inquiry.
On January 22, 2010, I wrote ajoint letterto Department of Labor Inspector General Gordon S. Heddell, Secretary of Labor Hilda Solis, Pension Benefit Guarantee Corporation (PBGC) Inspector General Rebecca Anne Batts, and PBGC Acting Director Vincent K. Snowbarger requesting that specific information be forwarded to me and the office of SEC Commissioner Mary Schapiro as part of the ongoing investigation.
On January 24, 2010, I wrote a letter to Social Security Administration Inspector General Patrick P. O’Carroll requesting that he forward a file pertaining to my Social Security Disability Income appeal, which included transcripts of my sworn testimony before Social Security Administrative Judge F. Jefferson Hughes in Atlanta, Georgia on July 23, 2008, some of which said testimony pertains to elements of this investigation.
On January 25, 2010, I wrote a joint letter to Treasury Department Inspector General Eric Thorson and Treasury Secretary Timothy Geithner requesting that they forward to me and the office of SEC Commissioner Mary Schapiro the information previously requested by me in a letter dated February 2, 2009 to IG Thorson, which went unanswered by his office.
Please allow me to digress to 2006 to reflect on the legal and political path that I have journeyed the past 38 months in an effort with others to bring the truth to light and serve justice on alleged white-collar criminal activity associated with the United Airlines bankruptcy without success.
On April 12, 2006, 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.
On May 12, 2006, I received a letterfrom 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.
The Department of Transportation never responded to my April 12th letter and ‘lost’ my FAA Whistleblower Protection Report.
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.
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.
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.
On November 20, 2006, I wrote a letter to District Attorney Patrick Fitzgerald advising him of this same information, while asking for legal intercession.
On December 11, 2006, I received a letterfrom District Attorney Patrick Fitzgerald’s office advising me to contact the office of Chicago FBI if I had criminal evidence/witnesses available to support my allegations.
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.
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.
On April 1, 2007, I wrote a letterto Chicago FBI Special Agent-in-Charge Robert Grant advising his office of this same information.
On May 4, 2007, I received aletterfrom 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.
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.
On September 1, 2007, I wrote a letter to then Assistant Attorney General – Criminal Division Alice Fisher apprising her of the same facts concerning the availability of evidence/witnesses in this case.
On October 24, 2007, I once again wrote aletterto 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.
On November 6, 2007, in a letter response to me, Ms. Leonard once again deferred me to my home state congressional representatives in Georgia.
On October 6, 2007, I received an unsolicitedletter from my home state of Georgia Congressman Westmoreland advising me that his staffer Jean Stoddard would look into this matter and do everything to assist me.
On October 18, 2007, I wrote a letter to 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.
On October 19, 2007, I wrote letters to Senators Kennedy and Leahy, and Congressmen Waxman, Miller, Conyers, and Westmorelandadvising 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.
On October 22, 2007, I also received an unsolicitedletter 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”.
On October 25, 2007, I sent a letterwith 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.
On November 5, 2007, I received a letterresponse 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”.
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”.
On December 12, 2007, I received a cover letterfrom 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.
On December 18, 2007, I received a copy of this same letter from Mr. Keeney from my Congressman Westmoreland.
On February 10, 2008, I sent a letterto 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.
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.
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.
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. (Please scroll to the bottom of the page)
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, but his office never responded.
On February 26, 2008, I also received the same copy of Mr. Keeney’s letterfrom Senator Chambliss.
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.
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.
On January 26, 2009, after phone conversations with 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.
On January 28, 2009, I wrote aletterto 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.
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.
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.
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.
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.
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.
On the evening of February 2, 2009, I wrote aletter 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.
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.
On February 6, 2009, I wrote a letterto Attorney General Holder advising him of the events of February 2nd, while asking for his assistance in this matter.
On February 7, 2009, I wrote a letterto 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.
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).
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?
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.
On June 12, 2009, I wrote a letterwith an attachedaffidavit 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.
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.
On December 12, 2009, I wrote a joint letterto 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.
As stated above, 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.
The office of the Department of Transportation Inspector General Scovel is still investigating my allegations filed in my April 2009 FAA Whistle Blower Report eight month later, even though I was advised by Scott Harding in this office that I would have a prompt response within 30 days, but that sometimes the investigation lasts as long as six months. This office is two month overdue from the date promised and almost four years late from the date of the initial report. The lives of fifty passengers of Colgan Air 3407 may have been spared had the FAA reacted to my 2006 report concerning crew rest, fatigue, and reckless scheduling of aircrew.
It is for the reasons stated above that I herein most respectfully request the full support and cooperation of Attorney General Eric Holder, FBI Director Robert Mueller, District Attorney Patrick Fitzgerald, and Chicago FBI Special Agent-in-Charge Robert Grant to join in this investigation, while giving just consideration to the information contained in the attached affidavits, as well as other available evidence and witness testimony in support of the Securities and Exchange Commission investigation of alleged corruption in the United Airlines post-9/11 Chapter 11 bankruptcy. If this request is denied, then it is most respectfully requested that the reason(s) for the denial be provided to me in writing.
The past several years of my life has seen my family, career, reputation, and finances destroyed for speaking out as an FAA/Sarbanes-Oxley whistleblower. My 35-year career in naval/commercial aviation crash-landed in the end due to my honest reporting. I am divorced, my adult children alienated, and I am financially bankrupt. I have asked myself of late if my efforts were truly worth it, given the horrifying state of my personal life and the disastrous state of affairs in government and this country.
The Bradley Birkenfeld and Harvey Markopolos stories are much more horrendous.
I am a law-abiding, honest and patriotic U.S. citizen who has served with distinction in the U.S. Navy as an officer and naval aviator. In doing so, I took an oath of office to support and defend the constitution of the United States against all enemies foreign and domestic. The President of the United States and his cabinet and all 535 members of congress and others have sworn the same allegiance to this sacred document.
During the past eight years, I have merely embraced federal laws and regulations, my first amendment rights of freedom of speech, and our national motto “In God We Trust” to garner the spiritual courage to press forward during this horrific ordeal for me and my broken family. The Whistleblowing Airline Employees Association motto is “Patriotism and Freedom of Speech in Action”, which is in consonance with my whistleblowing actions as well. Our ‘special interests’ are the millions who travel by commercial air and not the interests represented by K-Street lobbyist and others.
Given what allegedly transpired during the post-9/11 bankruptcy, it appears that there are those in government who may have turned a blind eye to alleged white-collar criminality by ‘domestic enemies’ who have infiltrated many government and corporate offices throughout our country.
On December 28, 2009, I was in New York City and as I looked out at Lady Liberty in New York Harbor, I imagined that I could see tears streaming down the cheeks of what this monument once represented. My heart was heavy as I rode in the cab on the way to the offices of Mainstream Media USA to share the tragic story of the past eight years of my life. Given my past experiences as a federal whistleblower, as well as those of other patriots in this country who have spoken out in the name of the law, perhaps the U.S. government should give due consideration to dismantlement of this sacred shrine that once represented the beacon of hope shining brightly on the hill for other nations to emulate. With our fall from grace as such the past decade, perhaps Lady Liberty has become a national embarrassment for many.
In 2003, as a United Airlines B-777 captain, I alleged that RICO laws were possibly being violated during bankruptcy, which impinged upon my ability as a captain to report safety and security frailties in accordance with Federal Aviation Regulations due to financial and other pressures being exerted on the Air Line Pilots Association, which endangered the lives of aircrew members and passengers alike.
Kindly review the allegations of the attached affidavits, as the information contained therein with supporting evidence and witness testimony is available for perusal by the Department of Justice and Securities and Exchange Commission.
If my Sarbanes-Oxley allegations are proven true and 9/11 was, in fact, exploited for financial gain by the few on the backs of the many hard-working United Airlines employees who gave the shirt off their backs to salvage the airline, then it would appear that our ‘domestic enemies’ have made money the only ‘god’ they trust.
May the Good Lord bless, protect, and help the United States of America before it is too late.
“Let us go forth and lead the land we love, asking His blessing and His help, but knowing that here on earth God’s work must truly be our own.”
Encl: Because of the extensive correspondence referenced in this letter, the enclosures have been posted on the Whistleblowing Airline Employees Association website for your perusal, which is being read/downloaded in over 40 countries around the world.
Of particular note, it is most respectfully requested that the following enclosures be reviewed in this case:
The Honorable Lanny Breuer – Asst AG Robert Mueller – Director
Department of Justice - Criminal Division Federal Bureau of Investigation
950 Pennsylvania Avenue NW J. Edgar Hoover Building
Washington, DC 20530 935 Pennsylvania Avenue NW
Patrick J. Fitzgerald – U.S. Attorney Robert D. Grant
Northern District of Illinois – Eastern Division Special Agent-in-Charge
U.S. Department of Justice Chicago Federal Bureau of Investigation
219 South Dearborn Street – 5th Floor 2111 West Roosevelt Road
Chicago, Illinois 60604 Chicago, Illinois 60608
SUBJ: SEC INVESTIGATION OF ALLEGED UNITED AIRLINES BANKRUPTCY CORRUPTION
Dear Honorable Mary Schapiro and Gentlemen,
I currently serve as national public spokesperson for the Whistleblowing Airline Employees Association, an international grassroots airline safety and security advocacy group representing the interests and concerns of employees from the airline industry, Federal Aviation Administration and Transportation Security Administration, whose ‘special interests’ are the millions who travel by commercial air. Our goal is to support the FAA mission statement of in making our aerospace system “the safest, most efficient aerospace system in the world”.
In support of this goal and our organization, several notable members of prominent whistleblower organizations recently endorsed our honest efforts:
Tom Devine – Legal Director, Government Accountability Project (GAP)
“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.
David Colapinto – General Counsel, National Whistleblower Center (NWC)
“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.”
POPULAR INTEGRITY AWARD
Additionally, I was recently honored with an ethics award in the grassroots category presented by “Power Over Poverty Under Laws of America Restored” (POPULAR). Members of this nonprofit corporation are committed to helping poor and other disadvantaged people access to affordable and competent legal representation, appropriate judicial oversight, and important civil and criminal justice system reforms.
Grassroots Advocacy Category:
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.
Finally, on January 28, 2010, my name and our association recently appeared as one of 352 organizations and corporations in an open letter sent to President Obama and members of Congress supporting swift action restore strong and comprehensive whistleblower rights.
President Obama campaigned on promises of greater openness of government and enhanced protection for federal whistleblowers. When President Bush signed the Sarbanes-Oxley Act of 2002 into law, he proclaimed this legislation to be the “most far-reaching reforms in American business practices since the time of Franklin D. Roosevelt”. This law, supposedly designed to protect corporate whistleblowers, has not served me well in that regard. It is just a trap, and secretive DOJ ‘deferred prosecution agreements’ make it even more so. The law must be repealed or amended to protect honest whistleblowers who speak out.
Reference exhibits to the following may be found on the Whistleblowing Airline Employees Association Exhibit Filepage of our website, but are hyperlinked below for your reading convenience:
On November 3, 2009, Securities and Exchange Commissioner Inspector General H. David Kotz advised me in a letterthat the Securities and Exchange Commission had initiated an investigation in response to a letter sent dated January 29, 2009 requesting said investigation concerning my Sarbanes-Oxley filing in October 2007 of alleged issues of corruption associated with the United Airlines post-9/11 bankruptcy.
On November 23, 2009, I sent a letterof inquiry to Assistant Attorney General – Criminal Division Lanny Breuer asking as to whether a ‘deferred prosecution agreement’ had been entered into with the management of United Airlines concerning corruption issues surrounding their bankruptcy. To date, this office has not responded to this inquiry.
On January 22, 2010, I wrote a joint letter to Department of Labor Inspector General Gordon S. Heddell, Secretary of Labor Hilda Solis, Pension Benefit Guarantee Corporation (PBGC) Inspector General Rebecca Anne Batts, and PBGC Acting Director Vincent K. Snowbarger requesting that specific information be forwarded to me and the office of SEC Commissioner Mary Schapiro as part of the ongoing investigation.
On January 24, 2010, I wrote a letter to Social Security Administration Inspector General Patrick P. O’Carroll requesting that he forward a file pertaining to my Social Security Disability Income appeal, which included transcripts of my sworn testimony before Social Security Administrative Judge F. Jefferson Hughes in Atlanta, Georgia on July 23, 2008, some of which said testimony pertains to elements of this investigation.
On January 25, 2010, I wrote a joint letter to Treasury Department Inspector General Eric Thorson and Treasury Secretary Timothy Geithner requesting that they forward to me and the office of SEC Commissioner Mary Schapiro the information previously requested by me in a letter dated February 2, 2009 to IG Thorson, which went unanswered by his office.
Please allow me to digress to 2006 to reflect on the legal and political path that I have journeyed the past 38 months in an effort with others to bring the truth to light and serve justice on alleged white-collar criminal activity associated with the United Airlines bankruptcy without success.
On April 12, 2006, 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.
On May 12, 2006, I received a letterfrom 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.
The Department of Transportation never responded to my April 12th letter and ‘lost’ my FAA Whistleblower Protection Report.
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.
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.
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.
On November 20, 2006, I wrote a letter to District Attorney Patrick Fitzgerald advising him of this same information, while asking for legal intercession.
On December 11, 2006, I received a letter from District Attorney Patrick Fitzgerald’s office advising me to contact the office of Chicago FBI if I had criminal evidence/witnesses available to support my allegations.
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.
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.
On April 1, 2007, I wrote a letter to Chicago FBI Special Agent-in-Charge Robert Grant advising his office of this same information.
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.
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.
On September 1, 2007, I wrote a letter to then Assistant Attorney General – Criminal Division Alice Fisher apprising her of the same facts concerning the availability of evidence/witnesses in this case.
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.
On November 6, 2007, in a letter response to me, Ms. Leonard once again deferred me to my home state congressional representatives in Georgia.
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 and do everything to assist me.
On October 18, 2007, I wrote a letter to 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.
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.
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”.
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.
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”.
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”.
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.
On December 18, 2007, I received a copy of this same letter from Mr. Keeney from my Congressman Westmoreland.
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.
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.
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.
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. (Please scroll to the bottom of the page)
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, but his office never responded.
On February 26, 2008, I also received the same copy of Mr. Keeney’s letter from Senator Chambliss.
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.
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.
On January 26, 2009, after phone conversations with 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.
On January 28, 2009, I wrote a letterto 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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?
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.
On June 12, 2009, I wrote a letter with an attachedaffidavit 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.
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.
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.
As stated above, 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.
The office of the Department of Transportation Inspector General Scovel is still investigating my allegations filed in my April 2009 FAA Whistle Blower Report eight month later, even though I was advised by Scott Harding in this office that I would have a prompt response within 30 days, but that sometimes the investigation lasts as long as six months. This office is two month overdue from the date promised and almost four years late from the date of the initial report. The lives of fifty passengers of Colgan Air 3407 may have been spared had the FAA reacted to my 2006 report concerning crew rest, fatigue, and reckless scheduling of aircrew.
It is for the reasons stated above that I herein most respectfully request the full support and cooperation of Attorney General Eric Holder, FBI Director Robert Mueller, District Attorney Patrick Fitzgerald, and Chicago FBI Special Agent-in-Charge Robert Grant to join in this investigation, while giving just consideration to the information contained in the attached affidavits, as well as other available evidence and witness testimony in support of the Securities and Exchange Commission investigation of alleged corruption in the United Airlines post-9/11 Chapter 11 bankruptcy. If this request is denied, then it is most respectfully requested that the reason(s) for the denial be provided to me in writing.
The past several years of my life has seen my family, career, reputation, and finances destroyed for speaking out as an FAA/Sarbanes-Oxley whistleblower. My 35-year career in naval/commercial aviation crash-landed in the end due to my honest reporting. I am divorced, my adult children alienated, and I am financially bankrupt. I have asked myself of late if my efforts were truly worth it, given the horrifying state of my personal life and the disastrous state of affairs in government and this country.
The Bradley Birkenfeld and Harvey Markopolos stories are much more horrendous.
I am a law-abiding, honest and patriotic U.S. citizen who has served with distinction in the U.S. Navy as an officer and naval aviator. In doing so, I took an oath of office to support and defend the constitution of the United States against all enemies foreign and domestic. The President of the United States and his cabinet and all 535 members of congress and others have sworn the same allegiance to this sacred document.
During the past eight years, I have merely embraced federal laws and regulations, my first amendment rights of freedom of speech, and our national motto “In God We Trust” to garner the spiritual courage to press forward during this horrific ordeal for me and my broken family. The Whistleblowing Airline Employees Association motto is “Patriotism and Freedom of Speech in Action”, which is in consonance with my whistleblowing actions as well. Our ‘special interests’ are the millions who travel by commercial air and not the interests represented by K-Street lobbyist and others.
Given what allegedly transpired during the post-9/11 bankruptcy, it appears that there are those in government who may have turned a blind eye to alleged white-collar criminality by ‘domestic enemies’ who have infiltrated many government and corporate offices throughout our country.
On December 28, 2009, I was in New York City and as I looked out at Lady Liberty in New York Harbor, I imagined that I could see tears streaming down the cheeks of what this monument once represented. My heart was heavy as I rode in the cab on the way to the offices of Mainstream Media USA to share the tragic story of the past eight years of my life. Given my past experiences as a federal whistleblower, as well as those of other patriots in this country who have spoken out in the name of the law, perhaps the U.S. government should give due consideration to dismantlement of this sacred shrine that once represented the beacon of hope shining brightly on the hill for other nations to emulate. With our fall from grace as such the past decade, perhaps Lady Liberty has become a national embarrassment for many.
In 2003, as a United Airlines B-777 captain, I alleged that RICO laws were possibly being violated during bankruptcy, which impinged upon my ability as a captain to report safety and security frailties in accordance with Federal Aviation Regulations due to financial and other pressures being exerted on the Air Line Pilots Association, which endangered the lives of aircrew members and passengers alike.
Kindly review the allegations of the attached affidavits, as the information contained therein with supporting evidence and witness testimony is available for perusal by the Department of Justice and Securities and Exchange Commission.
If my Sarbanes-Oxley allegations are proven true and 9/11 was, in fact, exploited for financial gain by the few on the backs of the many hard-working United Airlines employees who gave the shirt off their backs to salvage the airline, then it would appear that our ‘domestic enemies’ have made money the only ‘god’ they trust.
May the Good Lord bless, protect, and help the United States of America before it is too late.
“Let us go forth and lead the land we love, asking His blessing and His help, but knowing that here on earth God’s work must truly be our own.”
~John F. Kennedy ~
Very respectfully submitted,
Captain Dan Hanley
National Public Spokesperson
Whistleblowing Airline Employees Association
http://www.airline-whistleblowers.org
Encl: Because of the extensive correspondence referenced in this letter, the enclosures have been posted on the Whistleblowing Airline Employees Association website for your perusal, which is being read/downloaded in over 40 countries around the world.
Of particular note, it is most respectfully requested that the following enclosures be reviewed in this case:
Washington Examiner reporter Barbara Hollingsworth article dated December 3, 2009
Affidavit dated October 11, 2006 of Michael W. Lynch
ERW Living Trust of Richard E. Williams
Letter dated November 20, 2006 to District Attorney Patrick Fitzgerald
Affidavit dated October 25, 2007 of Daniel W. Hanley
Affidavit dated June 2009 of Daniel W. Hanley
Letter dated January 31, 2009 to President Obama
Letter dated January 31, 2009 to Department of Justice Glenn A. Fine
Letter dated February 2, 2009 to Chicago FBI Special Agent-in-Charge Robert Grant
Letter dated February 6, 2009 to Attorney General Eric Holder
Letter dated June 17, 2009 from DOJ Inspector General Glenn Fine (below)
Letter dated November 23, 2009 to Asst Attorney General Criminal Division Lanny Breuer
Letter dated December 12, 2009 to Inspector General DOT Scovel, DHS Skinner, and DOJ Fine
Cc: Vice President Joe Biden
Rahm Emanuel – Chief of Staff, White House
The Honorable Calvin Scovel – Inspector General, Department of Transportation
The Honorable Patrick O’Carroll – Inspector General, Social Security Administration
The Honorable Gordon S. Heddell –Inspector General, Department of Labor
The Honorable Eric Thorson – Inspector General, Department of Treasury
The Honorable Ray LaHood – Secretary, Department of Transportation
The Honorable Hilda Solis – Secretary, Department of Labor
The Honorable Timothy Geithner – Secretary, Department of Treasury
Senator Harry Reid – Senate Majority Leader
Senator Richard Durbin – Senate Majority Whip
Senator Carl Levin – Chairman, Senate Permanent Subcommittee on Investigations
Senator Patrick Leahy – Chairman, Senate Judiciary Committee
Senator Charles Grassley – Ranking Member, Finance Committee
Senator Joseph Lieberman – Chairman, Homeland Security and Government Affairs
Senator Daniel Akaka – Chairman, Homeland Security and Government Affairs Subcom.
Senator Jay Rockefeller – Chairman, Commerce, Science, and Transportation Committee
Senator Saxby Chambliss – Georgia U.S. Senator
Senator Johnny Isaakson – Georgia U.S. Senator
Congress Lynn Westmoreland – Georgia U.S. Representative
Congresswoman Nancy Pelosi – Speaker, House of Representatives
Congressman John Conyers, Jr. – Chairman, House Judiciary Committee
Congressman Henry Waxman – Chairman, Government Oversight Committee
Congressman George Miller – Chairman, Health, Education, Labor, Pension Committee
Congressman Jerry Costello – Chairman, House Transportation Subcommittee
Randy Babbitt –Administrator, Federal Aviation Administration
Ms. Rebecca Anne Batts – Inspector General, Pension Benefit Guarantee Corporation
Mr. Vincent K. Snowbarger – Acting Director, Pension Benefit Guarantee Corporation
Tom Devine, Legal Director – Government Accountability Project (GAP)
Danielle Brian – Executive Director, Project on Government Oversight (POGO)
David Colapinto – General Counsel, National Whistleblower Center (NWC)
