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The U.S. Office of Special Counsel Blowing the whistle on Whistleblower Laws and "terrorist friendly" activities in the USDOJ INS |
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OFFICE of SPECIAL COUNSEL WHISTLEBLOWER LAW 5 USC 2302 CITIZEN HOMEPAGE WEBSITE |
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| Blowing the whistle on Whistleblower Law 5 USC 2302:
Filing with the US Office of Special Counsel under 5 U.S.C. (United States Code) 2302, she comes with documented proof that she met with officials from the US Department of Justice in Washington DC in April of 1996, warning of activities in the USDOJ INS that are allowing potential criminals and terrorist to purchase Green Cards and and visas. (Note: It was precisely during this period that Osama Bin-Laden began planning for the September 11th massacre.) She documents her unending, government obstructed battle, culminating with the terrorist murder of 3,000 Americans on September 11, 2001. During 1995-1996 and as an employee of the US Department of Justice's Immigration and Naturalization Service, Caryl Leventhal attempted to stop the subsequently documented corruption, inefficiency and indolence that allowed tens of thousands of criminals and potential terrorists to legally enter America and set up shop in sleeper cells. Since then, the USDOJ has attempted to shut her up with a documented death threat (recorded on tape) and threat of arrest and prosecution, if she didn't make this website more amenable to the USDOJ. Step #1 (November 13, 2001) A Whistleblower Complaint is made to the US Office of Special Counsel on 13 Nov 2001 (See complaint below). Step #2 (March 18, 2002) Ellen M. Oskoui, Complaints Examiner of the US Office of Special Counsel declines to follow up since people mentioned in the complaint claim never to have spoken with Ms. Leventhal. Step #3 (March 20, 2002) Caryl Leventhal's husband Lt. Colonel Michael G. Leventhal supplies proof that Ms. Leventhal not only met with USDOJ investigators Eric Minkoff and Mary Cahill on April 29, 1996, but even has their business cards.
Step #4 (March 26, 2002) Michael Leventhal speaks with US Office of Special Counsel Complaint Examiner as follow up. Discovers that upon presentation of evidence supplied, USDOJ employees suddenly remember meeting with Ms. Leventhal after originally denying it. In her conversation with these conveniently forgetful USDOJ officials, Ms. Leventhal enumerated first hand knowledge of corrupt and indolent practices at INS that were allowing potential criminals and terrorists into America. Step #5 (March 26, 2002) Mr. Leventhal is informed that even though there is now evidence that she stood up to terrorist friendly corruption in the Immigration and Naturalization Service, Caryl Leventhal still had no recourse. As written, the Whistleblower law states that you not only have to prove your actions... but you must also prove that any retaliation was based on a disclosure. Since this can only be accomplished by an agency attempting to correct and not conceal a problem, the law becomes moot in the presence of a hostile US Department of Justice attempting to cover for negligent complicity in the subsequent deaths of innocent Americans due to terrorist activities. According to the US Office Of Special Counsel, the USDOJ agents from Washington DC felt Ms. Leventhals blowing the whistle on the Illegal sale of Green Cards and incomplete processing of paperwork (allowing criminals and terrorists into America) were not important issues. They hid behind the absurd reasoning that they came to 26 Federal Plaza for other matters, so they didn't inform anyone of this crucial information. Since they claim not to have informed anyone, retaliation against Ms. Leventhal for whistleblowing couldn't be proven [editor's note: If you can believe that one, you're ready to buy the Brooklyn Bridge]. And even more diabolically traitorous, all testimony from Caryl B. Leventhal has been stricken from the USDOJ agent's final report. Step #6 (March 26, 2002) The US Office Of Special Counsel Complaint Examiner, acknowledged that Ms. Leventhal's battle to stop the [terrorist friendly] activities of USDOJ and INS by working through official channels began while employed by the US Department of Justice in 1995-1996. She also acknowledged that Caryl Leventhal continued warning the USDOJ and INS about this threat due to practices of the INS bureaucracy right up to the September 11, 2001 terrorism that took the lives of almost 4,000 innocent Americans. At the same time, Ms. Oskoui affirmed that the federal whistleblower law does not mandate the US Office of Special Counsel to act upon this aspect of whistleblowing. Indeed, they have no power to act on any criminal behavior by the USDOJ and INS at all. Results: The American people have lost again. A vindictive and self-serving US Department of Justice and their Immigration and Naturalization Service continues policies of placing Americans at risk of terrorism. And by their actions, they serve as de facto "front men," paving the way for terrorists like Osama Bin Laden and his al-Qaeda network. And the murderous USDOJ cover-up against a former USDOJ INS employee and patriot -- now disabled with Multiple Sclerosis -- continues.
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Original Complaint to the US Office of Special Counsel submitted November 13, 2001: BASIS: GROSS MISMANAGEMENT: That Brenda Grant
(complainant’s first line supervisor) is ordering GROSS WASTE OF FUNDS: Applications Clerks are spending much of their times making non-work phone calls, handing in incomplete paperwork which causes them to be returned to them, disappearing for long periods of time and hanging out in the hallways with suspicious people who are not employees. ABUSE OF AUTHORITY: Brenda Grant would frequently and consistently harass complainant in front of the staff that worked for her. In an effort to diminish her efforts and authority, cause her to make clerical errors, she would stand over complainant, insulting and embarrassing her until an error was made. Then she would publicly ridicule complainant. Complainant has Multiple Sclerosis. It was in virtually complete remission from 1992 until beginning employment at INS in 1996. Contrary to complainant’s job description, Ms. Grant would force her to frequently and consistently lift and carry boxes weighing as much as fifty pounds. Complainant’s staff refused her any help. Brenda Grant would supply no supervisory backup for complainant’s request for help. And within two years of complainant’s termination, almost 20% of these people were arrested for the unlawful sale of Green Cards. SUBSTANTIAL AND SPECIFIC DANGER TO PUBLIC HEALTH OR SAFETY: On September 11, 2001, terrorism stuck America causing the deaths of over 5,000 innocent members of the public. Complainant was always convinced that sloppy processing standards and flagrantly suspicious activities (ie. Subsequently documented sale of Green Cards) could create a cadre of criminals and terrorists within the United States. This has proven to be true.
WHEN WAS THE DISCLOSURE MADE? (MO/DA/YR) Disclosure made to Brenda Grant (First Line Supervisor) with frequency between November 1995 - June 1996. USDOJ Employment Analysts (Washington DC) April 1996 Disclosure made to INS EEO between September 1996 - June 1999 Disclosure made to US Attorney (Southern District Civil Division) between October 1999 - September 2000. _______________________________________ TO WHOM (NAME AND TITLE) WAS THE DISCLOSURE MADE? Brenda Grant - Sr. DAO Eric Minkoff - USDOJ Employment Analyst (Washington DC) Mary Cahill - USDOJ Employment Analyst (Washington DC) In her meeting with Eric Minkoff and Mary Cahill, Caryl Leventhal informed them that Green Card applications were being pushed through without proper processing integrity. She informed them that people were being approved for Green Cards after dubious background checks. Caryl also informed the US Department of Justice Investigators from Washington DC that employees spent much of their work day "disappearing" from their work posts and could be seen speaking with strangers in hallways. She informed them that employees in INS Section 245 had been arrested for the sale of Green Cards and she believed that this is practice was widespread. Robert Brouliet - Supervisory Employment Management Specialist Darlene Jedlicki - INS EEO Counselor JoAn Taylor - Acting Director INS EEO D. Diane Weaver - Acting Director INS EEO Larry Zieff - Deputy Regional Counsel INS
As part of the gang of USDOJ enablers of the terrorism that murders 3,000 innocent Americans on September 11th 2001, Laurence M. Zieff is subsequently made Assistant Regional Counsel for the new Department (Agency) of Homeland Security You can find him at 70 Kimball Avenue, Room 103 South Burlington, Vermont. Was it worth it, Larry? Note: (To mask their inefficiency, Immigration enforcement functions have been placed within the Directorate of Border and Transportation Security [combined with Customs] and the immigration service functions are placed into a U.S. Citizenship and Immigration Services section.) Eric B. Fisher - Assistant US Attorney _________________________________________ WHAT PERSONNEL ACTION(S) OCCURRED (OR WAS/WERE THREATENED) BECAUSE OF THE DISCLOSURE? (LIST PERSONNEL ACTION NUMBERS FROM PP. 4-5.) COMPLAINANT WAS TERMINATED WITHOUT WARNING IN AUGUST 1996. ALTHOUGH PROPERLY FILED AND DOCUMENTED, INS EEO COMPLETELY IGNORED COMPLAINANT’S PRIMARY BASIS OF REPRISAL DUE TO HER ATTEMPTS AT STOPPING SUBSEQUENTLY PUBLICIZED CORRUPTION. ________________________________________________ WHEN DID PERSONNEL ACTION(S) OR THREAT(S) OCCUR? (MO/DA/YR) Complainant was terminated without warning on August 11, 1996 after suffering a an Exacerbation of Multiple Sclerosis in the months of June-July 1996. In spite of calling in sick, sending in Doctor’s note, MRI report and letters of explanation via certified mail, complainant was denied accumulated sick pay. In her termination letter and in spite of complainant’s being home and confirmed seriously ill, she was condemned and slandered on her personnel records for “showing poor dedication to your job” because she was not able to show up for work. _____________________________________________ B. WHAT INFORMATION WAS DISCLOSED? (DESCRIBE NEXT WHISTLE BLOWER DISCLOSURE.) Section 245 had severe problems relative to the accurate flow of paperwork and corrective remedies should be taken. WHEN WAS THE DISCLOSURE MADE? (MO/DA/YR) April 1996 __________________________________________ TO WHOM (NAME AND TITLE) WAS THE DISCLOSURE MADE? Eric Minkoff and Mary Cahill - USDOJ Employment Analysts In her meeting with Eric Minkoff and Mary Cahill, Caryl Leventhal informed them that Green Card applications were being pushed through without proper processing integrity. She informed them that people were being approved for Green Cards after dubious background checks. Caryl also informed the US Department of Justice Investigators from Washington DC that employees spent much of their work day "disappearing" from their work posts and could be seen speaking with strangers in hallways. She informed them that employees in INS Section 245 had been arrested for the sale of Green Cards and she believed that this is practice was widespread. ___________________________________________ WHAT PERSONNEL ACTION(S) OCCURRED (OR WAS/WERE THREATENED) BECAUSE OF THE DISCLOSURE? (LIST PERSONNEL ACTION NUMBERS FROM PP. 4-5.) No Action taken. ____________________________________________ WHEN DID PERSONNEL ACTION(S) OR THREAT(S) OCCUR? (MO/DA/YR) ____________________________________________ C. WHAT INFORMATION WAS DISCLOSED? (DESCRIBE NEXT WHISTLEBLOWER DISCLOSURE.) December 28, 1996. Certified letter to JoAn Taylor Acting Director INS EEO complaining about the fact that they were completely ignoring the basis of Reprisal for efforts to curtail rampant corruption in Section 245 26 Federal Plaza, NYC. WHEN WAS THE DISCLOSURE MADE? (MO/DA/YR) December 28, 1996 via Certified Mail _________________________ TO WHOM (NAME AND TITLE) WAS THE DISCLOSURE MADE? JoAn Taylor - Acting Director INS EEO ____________________________________________ WHAT PERSONNEL ACTION(S) OCCURRED(OR WAS/WERE THREATENED) BECAUSE OF THE DISCLOSURE? (LIST PERSONNEL ACTION NUMBERS FROM PP. 4-5.) No Action was taken. Completely ignored. D. WHAT INFORMATION WAS DISCLOSED? (DESCRIBE NEXT WHISTLEBLOWER DISCLOSURE.) November 1995 - June 1996 - On numerous occasions, complainant spoke with her First Line Supervisor, Ms. Brenda Grant about indolent, inefficient and suspicious activities. Complainant made written suggestions for tightening up a very loose system for processing paperwork, keeping tabs on unauthorized phone calls and actions relative to the frequent and suspect “disappearance” of employees from their work posts. Complainant returned incomplete paperwork for processing of Green Cards to be reviewed and redone. Complainant informed Ms. Grant about employees who were either indolent or suspect. WHEN WAS THE DISCLOSURE MADE? (MO/DA/YR) November 1995 - June 1996 ____________________________________________ TO WHOM (NAME AND TITLE) WAS THE DISCLOSURE MADE? Brenda Grant, Sr. District Adjudications Officer (DAO) and complainant’s First Line Supervisor _____________________________________________ WHAT PERSONNEL ACTION(S) OCCURRED (OR WAS/WERE THREATENED) BECAUSE OF THE DISCLOSURE? (LIST PERSONNEL ACTION NUMBERS FROM PP. 4-5.) Brenda Grant would tell complainant to sit down, shut up, mind her business and do her work. Initially told complainant within a short time of her beginning employment that “If you leave now, we’ll give you a good reference.” On numerous and consistent occasions, Ms. Grant would stand over complainant in full view of her staff and publically humiliate complainant while complainant was in the process of attempting to do her work. In June of 1996, Brenda Grant wrote up her initial review condemning complainant as making too many mistakes. In June 1996, complainant suffered an exacerbation of Multiple Sclerosis. Both she and her husband called in to both her First and Second Line Supervisors. Complainant’s husband Michael G. Leventhal submitted doctor’s note and MRI report (via certified mail return receipt requested). Via Certified Mail, Return Receipt Requested, complainant wrote written appeals for help (via her husband because complainant was unable to communicate in writing due to illness) to everyone up the chain of command, From her First Line Supervisor to Janet Reno. In spite of complying with regulations, complainant was marked AWOL for every day she was home verified seriously ill. Complainant was denied accumulated sick pay. In July 1996 and without informing complainant (whose confirmed illness was known to all involved), Brenda Grant recommended her for termination. In August 1996, complainant was terminated without warning and immediately replaced. Reference is made to the following webpage where Deposition testimony of Brenda Grant appears in its entirety: http://justice-denied.net/Depo_Grant.htm
THREAT(S) OCCUR? (MO/DA/YR) THREATS
November 1997 - January 1998: During the INS EEO personnel Administrative Complaint Process (that excluded without reason, Retaliation in reprisal for attempts at stopping corruption) and during the time that Peter Schilling - Contract EEO Investigator was collecting Affidavits, there was a rash of ugly crank calls. ON APRIL 27, 1998 THIS WAS REPORTED VIA CERTIFIED MAIL TO LARRY ZIEF, DEPUTY REGIONAL COUNSEL, INS REGIONAL OFFICE, VERMONT. April 26, 1998 - Complainant and her husband receive (and taped) a telephone death threat. This occurred during the time that this complaint was being reviewed by the Hon. William Michael MacCauley, US EEO Judge. The message began with the words, “You don’t know when to give up, you fucking Jew... We’re going to get you Nazi style.” ON APRIL 27, 1998 THIS WAS REPORTED VIA CERTIFIED MAIL TO LARRY ZIEF, DEPUTY REGIONAL COUNSEL, INS REGIONAL OFFICE, VERMONT. September 22, 2000 - Three days before trial (where talk of Reprisal to cover for corruption were excluded since INS EEO refused to accept this basis), Alan R. Kaufman, Chief of the US Attorney’s (Southern District) phoned complainant’s attorney, Michael Bressler. Mr. Kaufman asked that complainant’s attorney tell her husband that they were not happy with her website www.justice-denied.net. Stated that they were skirting their First Amendment rights and implied arrest and prosecution unless complainants website was made more favorable to the US Department of Justice. ON SEPTEMBER 26, 2000, MICHAEL LEVENTHAL (COMPLAINANT’S HUSBAND) ATTEMPTED TO INFORM FEDERAL TRIAL JUDGE SHIRA SCHEINDLIN ABOUT THIS INTIMIDATION, BUT ON US ATTORNEY’S OBJECTION, THIS WAS KEPT FROM TESTIMONY (See Testimony Transcript of Michael Leventhal, Page 228 Lines 17-19). This can be viewed electronically by going to the following webpage in www.justice-denied.net: http://www.justice-denied.net/Test_Michael.htm 4. Explain why you believe that the personnel action(s) listed above occurred because of the disclosure(s) that you described. (Be as specific as possible about any dates, locations, names, and positions of all persons mentioned in your explanation. In particular, identify actual and potential witnesses, giving work locations and telephone numbers, if known. Attach a copy of any documents that support your statements. Please provide, if possible, a copy of the notification of the agency's proposal and/or decision about the personnel action(s) covered by your complaint. If more space is needed, continue on page 12.) Complainant has suffered ten months of harassment (October 1995 - August) at work and in her office environment. They made every effort to get her out in order to have her replaced by someone more amenable to continuing the type of criminal behavior. This behavior (naming people within Section 245) was exposed on December 22, 1995 (New York Post) and subsequently, on March 13, 1998. Complainant was racially and ethnically different than the vast majority which made her suspect. She attempted change within an indolent and grossly criminal area. Using forced heavy labor, public humiliation supervisors, criminal and/or indolent staff did everything possible to keep her from performing to her utmost. They even used complainant’s physical vulnerability (Multiple Sclerosis) against her to force her out. The subsequent EEO personnel based INS Administrative Complaint process (September 1996 - June 1999) flagrantly attempted to “keep a lid” on complainants allegations of subsequently documented criminal activity and inefficiency within the USDOJ’s Immigration and Naturalization Service, Section 245 26 Federal Plaza, NYC. Complainant has many inches of documentation proving these allegations, as does the US Attorney’s office (Civil Division). Specific attention is called to the Deposition of Brenda Grant (complainant’s first line supervisor). This deposition can be found in its entirety on webpage: http://justice-denied.net/Depo_Grant.htm Note: Hard Copies of any documentation you might need are available upon request 6. What action would you like OSC to take in this matter (i.e., what remedy are you asking for)? Complainant’s request has always been: a. A letter in non-legalese language stating that there were instances of improper treatment while employed at USDOJ INS and that they feel she is a good American and someone of dedication. This should be presented to her by someone of a management level in USDOJ and NOT a lawyer from either the US Attorney’s office or INS. b. A copy of this letter should be placed in complainant’s personnel file. c. Something in the order of 23 hours of withheld and accumulated sick pay plus interest, withheld during her illness during June-August 1996. This amounts to a few hundred dollars. d. A refund of money complainant contributed to her pension plan while employed by INS, plus interest. In view of the recent terrorism, complainant now asks one additional statement from the US Department of Justice:
e. Written recognition of complainant’s efforts in fighting subsequently documented corrupt practices and efforts in keeping America safe. |
Final Letter to the US Office of Special Counsel April 5, 2002 US OFFICE OF SPECIAL
COUNSEL
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For those using music capable Internet Explorer, text accompanied by the theme from "Ghostbosters"
Commentary and Editor's Notes written and Copyright © by: LTC Michael G. Leventhal
Copyright 2001 Reproduction with written permission. Contact: Michael @Justice-Denied.net
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For comments about this site, feel free to e-mail: Caryl@Justice-Denied.net |