The US Department of Justice and Administrative Process

ALL CORRESPONDENCE AND OTHER DOCUMENTS ON BEHALF OF CARYL LEVENTHAL WHICH ARE REFERRED TO BELOW WERE PREPARED BY HER HUSBAND MICHAEL . CARYL WAS INCAPACITATED WITH AN ACUTE EXACERBATION OF MULTIPLE SCLEROSIS AND RESULTING BRAIN DAMAGE INTENSIFIED BY THE MALICIOUS ACTIONS OF THE DEFENDANTS. THIS CHRONOLOGY IS A SUMMARY OF EVENTS IN THE PREREQUISITE IMMIGRATION AND NATURALIZATION SERVICE'S EQUAL EMPLOYMENT OPPORTUNITY ADMINISTRATIVE COMPLAINT PROCESS. ALL CORRESPONDENCES WERE SENT CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

September 2, 1996: A formal Discrimination Complaint is sent to Elizabeth Christie - Investigative Supervisor, Immigration and Naturalization Service Equal Employment Opportunity Division (hereafter referred to as INS/EEO). The Bases of the complaint is stated as "Reprisal for attempts at stopping corruption (allowing criminals and potential terrorists into America), Discrimination and persecution due to a disabling condition, Racial and religious bias at INS 26 Federal Plaza."

September 13, 1996: These charges are faxed by Elizabeth Christie to Darlene Jedlicki, INS/EEO Counselor for investigation:

Darlene Jedlicki telephones Caryl to review the Bases and Issues of the complaint. Ms. Jedlicki states that she wants to hear all of Caryl's side of the complaint. Caryl is too ill to discuss the matter so she speaks with Caryl's husband Michael [Note: an EEO Counselor's mission is to catalog events in the hopes of some sort of amicable resolution].

Caryl's husband Michael explains the situation, but Darlene Jedlicki REFUSES to discuss racial and religious discrimination against someone who was "different" in a corrupt US Department of Justice Immigration and Naturalization Service. More importantly, the EEO Counselor refuses to accept reprisal against Ms. Leventhal when she attempted to stop the illegal selling of Green Cards and processing of Visas without proper background checks. Ms. Leventhal was convinced that this was allowing criminals and potential terrorists into America. Four months prior to her termination, she met with two USDOJ agents from Washington DC to voice her concerns for America's safety.

No matter how frequently Michael returns to race, religion or even the more important retaliation for attempts at stopping corrupt activities, Ms. Jedlicki persists in cutting him off. Darlene Jedlicki is only willing to discuss Caryl's allegations of mistreatment in general terms. When Caryl's husband says he will report her because she is not being impartial, Ms. Jedlicki laughingly replies that he is free to do so and that nothing will happen.

October 22, 1996: Darlene Jedlicki, INS/EEO Counselor sends Caryl a formal "Notice of Final Review." This review conspicuously omits any mention of Reprisal for attempts at stopping corruption or racial and religious discrimination as Bases for Caryl's complaint even though it appears in the INS/EEO Counselor's timeline of allegations.

Even information about Caryl suffering an Acute Exacerbation of Multiple Sclerosis is masked. In her report, Ms. Jedlicki refers to a note written by Caryl's physician dated June 12, 1996 and received by the INS chain of command. This medical note references Ms. Leventhal's not being able to report for work because of an Acute Exacerbation of Multiple Sclerosis and Hypertension. Ms. Jedlicki omits the medical findings about an Acute Exacerbation of Multiple Sclerosis and only mentions Hypertension.

Caryl Leventhal refuses to sign the Notice of Final Review on the grounds that it is incomplete in scope and not in keeping with her original complaint.

October 28, 1996: In compliance with regulations, charges of racial, religious, disability and retaliation are filed in a timely manner with the Director of Equal Employment Opportunity, INS, Washington DC. It is accompanied by a letter critical of the investigation and Notice of Final Review.

November 18, 1996: Caryl receives a letter from JoAn Taylor, Acting Director Office of EEO where she restricts the complaint to handicap (Physical).

December 28, 1996: A Certified letter is sent back to the Acting Director Office of EEO claiming that the accepted complaint is incorrect and explaining why. This includes INS EEO's completely ignoring properly filed Reprisal and other discrimination. Caryl states that she is willing to speak with another counselor if necessary. INS/EEO ignores the letter.

October 7, 1997: The Affidavit process begins. The Contract EEO Investigator claims that if Caryl doesn't go along with an investigation based only on "discrimination physical," INS/EEO will close the case file based on non-cooperation. Caryl formally disagrees with the integrity of the investigation but is forced to continue under duress. However, she insists on including a signed statement alleging a race based cover up. This statement recapitulates her claim, among other things, of racial and religious discrimination. This addendum is incorporated into her Affidavit.

January 8, 1998: Two Certified letters are sent to INS/EEO requesting a US/EEO hearing. Several weeks later, both are claimed "lost" by INS/EEO. Faxes of these letters are resubmitted to INS/EEO. INS/EEO acknowledges receipt over the telephone immediately after the faxing. Several days later, they are also claimed to be "lost."

February 20, 1998: Certified letter is sent to D. Diane Weaver Acting Director INS/EEO with copies to Janet Reno, Atty. General and Doris Meisner, Bureau Chief INS. This letter threatens very public charges of Obstruction of Justice against the Justice Department if Caryl's case is not lawfully allowed to be reviewed by a Federal Administrative Law Judge in the United States Equal Employment Opportunity Division. The Department of Justice relents.

March 20, 1998: Hearing Order (Hearing # 160-98-8329X, Agency # I-96-8079) from United States Equal Employment Opportunity Commission (USEEO) Administrative Law Judge [Note: Contrary to their authority over alleged discrimination in the private sector, the authority of the United States Equal Employment Opportunity Commission is restricted in cases involving a Federal or former Federal Employee. US/EEO does not have the authority to make a Final Decision. However, they do have the power to make "recommendations" to the Federal Agency involved. The scope of these recommendations is based on an Assignment Letter from the "Offending Agency" itself. This Assignment letter enumerates Bases and Issues the US/EEO Administrative Law Judge is authorized to explore. Thus, the offending Federal Agency retains tremendous power to mask justice and "cook the books."]. Caryl wants a US/EEO review for two reasons:

1. Caryl is convinced that the US Department of Justice's Immigration and Naturalization Service, is not being fair and impartial. She feels that they are protecting the people charged (on the Administrative level, those accused are called "Respondents.") -- in spite of overwhelming evidence -- due among other things, to racial considerations.

2. When Affidavits were being taken (See October 7, 1997 above), Caryl began receiving "crank" telephone calls and was living in fear of physical retaliation. Caryl wants authorities outside of the Immigration and Naturalization Service to be aware of her case. In spite of Caryl's husband getting a dog for her protection and having a professional alarm system installed in their apartment, Caryl --a woman recuperating from a medically diagnosed Acute Exacerbation of Multiple Sclerosis since the Summer of 1996 -- still feels physically threatened. She hopes that if others outside of INS have a record of the complaint, there will be less possibility of personal harm to her and her husband.

March 22, 1998: Letter sent to Judge Macaulay by Caryl Leventhal designating her husband Michael G. Leventhal as her Legal Representative. Caryl Leventhal claims this is being done due to lack of funds.

March 24, 1998: In accordance with Judge's instructions, a request for Discovery is sent to Jack Penca, Regional Counsel, Immigration and Naturalization Service Bureau of the US Department of Justice. This request for Discovery as ordered by Judge was never complied with by the US Department of Justice's INS Bureau.

April 8, 1998: Michael Leventhal receives a call from Larry Zieff, the Deputy Regional Counsel, INS in Vermont. In a lengthy discussion, he informs Michael that racial discrimination alleged by a white employee against a black employee is routinely rejected by INS. He admits that a review of evidence in the Case File shows Caryl has a solid case. But the Deputy Regional Counsel goes on to say that the Assignment letter sent to Judge was that he review ONLY on the Basis of "Termination based on Multiple Sclerosis" and not the Bases of Racial and Religious Discrimination as originally filed. Mr. Leventhal replies that when Judge reviews the Case File, he will understand INS was masking most of the complaint. The response from Larry Zieff, Deputy Regional Counsel is, "The AJ is a GS just like me. He just wants to move the paper through and go on to the next case. Don't expect anything from him." The Deputy Regional Counsel promises that since Mr. Leventhal is not a lawyer, he would make him aware of any planned motions. Mr. Leventhal thanks him for the courtesy and expresses the hope that this matter can be handled with a level of civility.

April 14, 1998: At the request of Larry Zieff, Deputy Regional Counsel, a three way conference call is set up between Michael Leventhal, Judge and himself. The Deputy Counsel informs Mr. Leventhal that the conversation will only be to determine Judge's calendar and when the hearing will be held. When the conversation begins, the Deputy Regional Counsel makes a motion for Findings and Conclusions, only involving the single truncated Basis of "Termination Physical" in the Assignment Letter. He moves that it is unnecessary to hear anything from Caryl Leventhal and that a decision be made with nobody present. Mr. Leventhal objects on the grounds that there are other Bases that were excluded from the Assignment letter. The Deputy Regional Counsel's motion is denied.

April 24, 1998: Darlene Jedlicki -- the INS/EEO Counselor who refused to accept any complaint having to do with racial or religious discrimination (See September 13, 1996 and October 22, 1996 dates above) -- signs an Affidavit claiming that she spoke with Caryl B. Leventhal several times and that there was no mention of racial and religious discrimination. In point of fact, at no time did Darlene Jedlicki ever speak with Caryl Leventhal. Caryl was too sick to speak with anybody. None the less, Ms. Jedlicki swears this "under penalty of perjury under the laws of the United States of America."

April 26, 1998: Michael Leventhal sends a Certified letter to Larry Zieff, Deputy Regional Counsel for the Immigration and Naturalization Service, informing him of months of "crank" calls and an April 26, 1998 death threat to both him and his wife Caryl. The Deputy Regional Counsel phones Michael and states, "The Justice Department doesn't sanction this type of behavior." Contrary to his duty as a USDOJ official and officer of the court, nothing is done in his official capacity. He does not report this death threat to the FBI or other relevant law enforcement agencies.

April 28, 1998: The Deputy Regional Counsel INS, files a "MOTION TO EXCLUDE UNTIMELY INFORMATION" and keep racial and religious discrimination from being considered.

May 1, 1998: A second three way conference call is conducted between Judge, Michael Leventhal and the Deputy Regional Counsel. Larry Zieff, Deputy Regional Counsel references Darlene Jedlicki's Affidavit (See April 24, 1998) as proof that Physical and Religious discrimination was never mentioned in her alleged numerous conversations with Ms. Leventhal. Michael makes a case showing that Ms. Jedlicki lied in her Affidavit and that at no time did she ever speak with Caryl. The Deputy Regional Counsel makes a motion to remove Michael Leventhal as Caryl's Legal Representative. This would have the effect of leaving a brain damaged woman to defend herself with no representation. Judge denies the motion. Mr. Leventhal asks that the complaint be remanded back to the US Department of Justice for review by an Adjudicator and resubmission to US/EEO. Judge asks Michael to write a Brief, listing "Issues to be Added" and why each issue is being brought up in a timely manner.

May 1, 1998: Mr. Leventhal sends a letter to Judge, listing Issues to be Added and why he feels they are timely.

May 7, 1998: The Deputy Regional Counsel files a "MOTION TO DISMISS COMPLAINT" on the grounds that he doesn't understand what Caryl's complaint is about. It is struck down by Judge, after May 8, 1998 rebuttal letter from Michael Leventhal.

May 21, 1998: Judge issues a "LETTER ORDER OF REMAND" to Mark L. Gross, Complaint Adjudications Officer, US Department of Justice, Washington DC. Judge states that he feels the Issues to be Added in Michael Leventhal's "Motion to Amend" were not frivolous and that there may be bona fide issues. He goes on to say that any issues added would be accompanied by a waiving [of] its objections to a hearing and adjudication of the new issues on account of alleged untimeliness in seeking EEO counseling.

June 15, 1998: The Deputy Regional Counsel sends Mark L. Gross, Complaint Adjudications Officer, US Department of Justice, a letter again requesting a "MOTION TO EXCLUDE UNTIMELY ISSUES FROM HEARING AND ADJUDICATION."

June 17, 1998: Michael Leventhal sends Mark L. Gross, Complaint Adjudications Officer, US Department of Justice, a letter of rebuttal and proves Darlene Jedlicki, INS/EEO Counselor lied in her April 24, 1998 Affidavit. In this letter Michael writes Mr. Gross that the US Department of Justice has an opportunity to distance themselves from the illegal actions of INS/EEO. He also states that failure to do so would result in Michael taking a trip to Washington DC to personally secure help from sympathetic Congressmen and Senators as well as going public through the media.

June 22, 1998: Mark L. Gross, Complaint Adjudications Officer, US Department of Justice issues the US Department of Justice's "Final Decision." They accept as Bases for Caryl's Complaint, RACIAL, RELIGIOUS and PHYSICAL discrimination. They waive the right to contest many individual Issues. They strongly imply that Darlene Jedlicki, INS/EEO Counselor gave a false statement. They state that INS/EEO was in error when they accepted Discrimination Physical as the only Basis.

June 24, 1998: Mark L. Gross, Complaint Adjudications Officer, US Department of Justice sends a follow-up letter acknowledging that on November 18, 1996 Caryl Leventhal received a letter from the Acting head of INS EEO wherein "Reprisal" was omitted. He goes on to acknowledge that Ms. Leventhal sent a reply on December 28, 1996 via Certified mail where she complained about "Reprisal" being eliminated from her complaint. He goes on to state that INS EEO (at that time, headed up by D. Diane Weaver) never informed him about this and since a "final decision" had just been made, "Reprisal" would not be allowed. He acknowledges receipt of a letter from Ms. Leventhal referencing this problem but incorrectly states that it was received one day after the final decision. Therefore, Mr. Gross effectively kills any claim by Ms. Leventhal on her long standing complaint of Reprisal due to her attempting to stop the rampant on-site corruption existing in INS Section 245.

June 28, 1998: Michael Leventhal files a NOTICE OF APPEAL PETITION with the Equal Employment Opportunity Commission, Office of Federal Operations and informs INS/EEO. Michael knows that his wife Caryl is still not physically up to the rigors of participating in a judicial inquiry and needs more time to recover. He feels that the more than one year involved in an Office of Federal Operations review will supply that extra time. In addition, Caryl and Michael no longer trust the impartiality of the US Department of Justice's EEO Administrative Process. Between June 1998 and June 1999, they conclude that leaving this process is the only way to keep issues from being declared

"ABANDONED" if it becomes necessary to file in US Federal Court.

October 8, 1999: NOTE: After review by the Office of Federal Operations, regulations require that Caryl's case is to be returned to INS/EEO. At that point, The Justice Department's INS/EEO section is to remand the file back to US/EEO and Judge. Between July 1999 and October 1999, INS/EEO fails to return the case to Judge. Caryl and Michael Leventhal conclude that INS/EEO intends to "lose" the case file and add months or years to the Administrative Process. On October 8, 1999, Caryl Leventhal files suit in US Federal Court. Addendum: Between July 1999 and December 1999, Caryl Leventhal's case file remained "lost" in the Justice Department's INS/EEO section until it was "found" when requested by the US Attorney for use in: -- Caryl B. Leventhal vs. Janet Reno and the United States Department of Justice, filed October 8, 1999.

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