Official Misconduct by State and Federal Officials?

corazonroto

Member
Dec 15, 2012
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I have been investigating serious problems with the Obama Administration's "economic policies" during the ongoing Recovery. I have discovered some disturbing facts to share about implementation mistakes that were made in the federal Emergency Unemployment Compensation program (EUC08), all the way back in 2008. I have also uncovered, thanks to the Freedom of Information Act ad Privacy Act, incriminating documents, that the public should be made aware of (involving President Obama, Hilda Solis and many other Department of Labor state and federal officials).

I have discussed these problems in the Economy Forum, with regards to that topic and the details of the program implementation issues related to the "Economy", but wanted to share evidence specific to "Politics", "Government Policies", and "Candidates", since this sadly involves President Obama (and his actions before the previous election that should be made public). The following evidence shows the "connections" that these administration officials have, to serious "policy" problems involving the American Recovery and Reinvestment Act of 2009, with "candidates" for election prior to November 2012 (specifically the EUC08 program implementation I have been challenging for the past year):

Brief Summary of the EUC08 Program Problem

I lost EUC08 benefits in California back in 2011 due to an error that the federal Department of Labor published in the program guidelines they issued to all states 2008+. My state of California followed the published errors, and made improper determinations for my EUC08 benefits based on them. I challenged both my state and the federal DOL Employment & Training Administration up through October 2011 (on state appeal and through direct petitions to the feds).

I was able to prevail and refute the federal mistakes that my state followed, on 10/20/2011 in California Unemployment Insurance Appeals Board Case no A0-265448. By doing so I also refuted the federal statement of EUC08 policy (the incorrect one I beat), that I was given in writing just prior to 10/20/11 by senior DOL officials (Gay Gilbert, Dale Ziegler with the approval of Hilda Solis). My victory refuted the specific mistakes in the EUC08 program guidelines (from UIPL 23-08 Chnage1+ Q&As), that all states continue to follow, that illegally forces claimants to exhaust older and lesser EUC08 claims instead of paying them NEW ACCOUNTS based on the most recent state claim benefit year, usually a higher weekly rate).

I had thousands of dollars in EUC08 benefits restored by this standing decision in a court of law. It proved that I was improperly denied EUC08 benefits due to the federal government advising all states to force claimants to "exhaust" the remaining balance on only older claims (even if much lesser $) first, before letting them collect EUC08 based on the most recent stae unemployment they had just "exhausted" (see the Economy forum post for details or follow the petition link below).

This decision, from the highest level of the California administrative court of law (for UI benefits), is significant, because it exposes the fact that there is a major error in a vital "recovery act" program, that may have denied/wasted billions of dollars, over four years or more, affecting millions of struggling workers and families, and our weak economy.

State and Federal Officials involved in "Official Misconduct"?

The Obama Administration has been aware of my evidence and efforts for some time. After I won my appeal case (November 2011+), I petitioned the state and federal government repeatedly, to set my case as a precedent in order to help the other victims of the same federal errors I refuted, and to investigate the program implementation through multiple petitions/complaints meant to redress these grievances. My requests have been met with silence and weak excuses to not investigate based on false information and analysis (intentional because they are not eager to investigate themselves as we all know). I got suspicious, and in the summer of 2012 I filed many FOIA and Privacy Act request for documents.I was surprised at what I found, and feel the American Public should be informed of this information:

The White House Memorandum

White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket

These documents reveal the White House was also notified and perhaps involved in the Abuses of Authority listed below. The documents I obtained via FOIA/PA request that show both President Obama (SIMS ID#663175 ) and the Department of Labor's Hilda Solis (SIMS ID#678331), were notified of these problems just after I prevailed in my appeal against the faulty EUC08 program implementation.

The White House was contacted in writing, in the "Dale Zeigler Memorandum" (WH9262011-61 and WH-663175 October 21,2011). You might want to ask the White House why they failed to investigate nor inform Congress nor the General Public nor your state nor any other, that I was mentioned by name, with evidence from my California Unemployment Insurance Appeals Case victory on 10/20/2011 that had REFUTED federal EUC08 program policy mistakes that violated the law.

This memorandum was sent the day after I won my appeal victory (10/20/2011), that proved the Department of Labor EUC08 implementation errors existed and could be refuted in state administrative court of law, and that high level officials from the Department of Labor contacted the White House (10/21/2011) and informed them of my evidence, appeal victory and complaint about the federal ARRA EUC08 program implementation mistakes.

But, then the White House "did nothing" (? as far as I know for now...more FOIAs under way). They must have made some response to a "high" level DOL communication about EUC08 program implementation mistakes affecting billions of dollars and millions of claimants. I won't speculate about what I have no evidence to prove, but if the DOL contacted the White House, it is reasonable to assume the White House instructed them on how to respond (or approved their subsequent actions). FOIA shows the DOL acting after the White House Memorandum (see scans above). It shows Dale Zeigler and Betty Castillo referring to the "response" by Region 6 (Todd Yamamoto letter below). Who gave them the authority to act? Because, on 2/7/12, the Department of Labor subsequently made threats and demands to my California State Agencies in an attempt to subvert the court decision against them while trying to keep any precedent from being set to help any other claimant (see details below). It would be reasonable to think, that the White House either approved, or was aware of the following "Official Misconduct", BEFORE the November 2012 election.

The Department of Labor Response (to my appeal victory)

This is direct from my Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0, and it shows how the Department of Labor and State of California acted, illegally, in an attempt to subvert what it exposed:

(6) attempts by the alleged violator(s) to hide the misconduct:

(6)(A) Not only is the Department of Labor RESPONSIBLE for PUBLISHING this incompetent federal officials SERIOUS AND OBVIOUS ERROR, in a federal Unemployment Insurance Program Letter on August 15,208 (UIPL 23-08 Change 1, Section D. Monetary Eligibility, Q&A #7, "Multiple EUC Claims"), that has caused UNTOLD ARRA FUND Waste, Harm and Denial of emergency designated funds meant for millions of unemployed struggling workers and families nationwide, they have been CAUGHT COMMITTING FRAUD in order to COVER UP THEIR MISTAKE.

(6)(B) Instead of obeying the appeal decision that refuted their errors on 10/20/11, or taking CUIAB Case A0-265448 to court to afterwards overturn it and validate their FAULTY AND ILLEGAL EUC08 implementation mistakes, and/or following up with ARRA, Improper Payment Act and IG Act OVERSIGHT, they decided to COMMIT FRAUD AND BREAK THE LAW (the state and federal government officials involved ignoring precedent request, OIG complaint and Recovery Fraud Complaint):

(i) This incriminating letter, sent on 2/7/12, from Todd Yamamoto, to the California Labor and Workforce Agency head, Marty Morgenstern, that was directed at the California Employment Development Department (EDD) and Unemployment Insurance Appeal Board (CUIAB), makes threats over the State Appeal Victory in CUIAB Case A0-265448 and demands they try to appeal this decision in Superior Court (or Federal Court).

He tells them NOT to make the case a "precedent" for any other victims of this same implementation error WHETHER THEY CAN OVERTURN THE CASE IN COURT OR NOT. He also informs them that the DOL REFUSES to pay Federal Funds in support of the appeal victory. If CUIAB Case A0-265448 "violates federal law"....why is it still standing, never challenged in court after the 10/20/11 victory?
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket

(ii) This incriminating letter, sent on 2/14/2012, by the California Labor and Workforce Agency, EDD's Pam Harris and the CUIAB's Robert Dresser, shows them caving in to the empty threats by the Department of Labor ETA, based on the SAME ERRORS that CUIAB Case A0-265448 had refuted on 10/20/2011 no less!

They also agree to pay State Funds to cover the EUC08 funds awarded back to me in CUIAB Case A0-265448. They agree to make no precedent that would help other unemployed claimants who were victims like I was, and tell the Department of Labor it won't even be necessary to take the case to court...as long as they keep this quiet and I don't find any of this out...which I did thanks to the Freedom of Information Act this summer and caught them at this Abuse of Authority and Recovery Act Fraud (ARRA). CUIAB Case supposedly "violates federal law", but "it won't be necessary to take the case to court to seek its overturn"?
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket

(iii) BY NO COINCIDENCE, Eder Marcus of the Department of Labor Office of Inspector General made yet another weak denial to investigate this serious ARRA problem with no factual basis of law other than "WE SAY SO" to David Jury on 2/17/12. That seems like FAR TOO MUCH OF COINCIDENCE does it not? 2/7, 2/14 and 2/17/12 they all act against XXXXX and his EFFORTS to STOP ARRA Waste, Denial, Improper Payments, Harm and FRAUD.

Thanks to Freedom of Information of Act revelations from the summer of 2012 by XXXXX, it is WELL KNOWN that both the RATB, the DOL and the DOL OIG have NOT BEEN ACTING INDEPENDENTLY NOR OBJECTIVELY since November of 2011 (recent emails with this evidence have been provided to all the accused parties and the RATB).

FOIA reveals that the DOL OIG saw merit in my evidence ater the appeal victory on 10/20/11. So what happened? On October 31, 2011, in a memorandum for Elliot Lewis, from Eder Marcus, regarding Complaint #75391, your office had the follow to say (Eder Marcus), after my appeal victory notification and updated evidence was sent to your office post 10/20/11:

"This additional information appears to support XXXXX allegations that the California Employment Development Department has failed to comply with applicable Public Law regarding the adjudication of claims for Emergency Unemployment Compensation benefits, and the Employment and Training Administration, Office of Unemployment provided a response to his complaint that contained incorrect information. This additional information is being referred to your office for review and evaluation".

But, they never followed up, after the White House notification on 10/21/11, and subsequent DOL actions leading to the 2/7/12 letter above. Instead, they all have shared evidence and information about David Jury's efforts, they have FAILED TO RESPOND on numerous documented occasions and have been allowing ARRA FRAUD to CONTINUE in order to cover up a historic federal government implementation error.

Recovery Fraud Complaint RATB-2011-DOL-9DF2506 WAS NOT HANDLED PROPERLY, the evidence was NEVER ADDRESSED and NEVER REFUTED. "WE SAY SO" again was the reason given for closing this important complaint on 10/25/2012 by Donald Cox of the RATB, with NO DOCUMENTATION nor EXPLANATION of ANY KIND. The ACCUSED PARTIES are making ALL the decisions about what to investigate or what not to...

(iv) (see White House memorandum above...this is the same info)

(v) The intent seems clear: These officials intend to cover up/subvert the decision in CUIAB Case A0-265448, that challenged the federal EUC08 policy errors by Robert Wagner and others, and enforce the same mistake this appeal case prevailed against on EVERYONE ELSE OR ELSE. The government AT ALL LEVELS refuses to respond and explain their policy and actions with any factual points of law.

Nobody is investigating this billion dollar+ ARRA FRAUD against millions of claimants nationwide and our struggling economy, that intends to protect the government officials involved from investigation and prosecution. For funds that the ARRA in section 5 designates as "emergency requirements to meet emergency needs" there isn't much of anyone doing anything to protect this public money and the citizens who have been harmed by the error.

Their rights and my right to petition to government to redress this historic grievance are being violated. Government Agencies, including the Department of Justice and FBI are "failing to keep citizens from harm" due to state and federal officials breaking the laws and regulations of our nation while they ignore and subvert federal oversight requirements for these emergency designated federal funds.

Summary
I am making this public disclosure because our broken media is not up to the task (nor do their corporate masters see any profit in helping the public with information like this that takes time and money to investigate and report). I have many more supporting documents from the DOL and their OIG, the Recovery Accountability & Transparency Board, and others, that clearly show our government trying to subvert the standing decision in a court of law, that refutes their EUC08 program implementation mistakes, without taking it to the higher level court to appeal as our law requires.

If the feds thought that this case "violated the law" then they should have provided that evidence, before a California Superior Court judge within six months of my appeal victory. They did not. Instead the documents above show you "their response" and it seems to me that it violates rights, laws, regulations and oversight requirements.

Someone should investigate and report (other than me for a change). I will continue to petition the government. At the moment I have sent all states an "audit" complaint, about the federal EUC08 implementation errors, and asked them to challenge the federal government (several states have responded to me in writing and started investigations). I have requests pending with the DOJ and FBI. I am also working on securing legal counsel, in the even the government fails to investigate itself, to prepare for any action in the courts if needed (which they seems intent on forcing this to).


The Petition:
Department of Labor Errors are Robbing the Unemployed out of Recovery Aid

https://www.change.org/petitions/de...re-robbing-the-unemployed-out-of-recovery-aid

Scans of Evidence:
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket

CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket

The Illegal Noncompliant EUC08 Policy In Writing Photos by corazonroto512 | Photobucket

White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket

Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket

California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket

corazonroto512's Library | Photobucket

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Official Misconduct
(18 U.S.C. § 241, 18 U.S.C. § 242)

Intentional acts by law enforcement officials who misuse their positions to unlawfully deprive individuals of constitutional rights, such as the right to be free from unwarranted assaults, illegal arrests and searches, and theft of property.

(like the federal Department of Labor officials conspiring to interfere with and subvert the results of a standing state of California court decision to make sure no precedent decision was set, no investigations started nor federal funds paid based on the strong evidence that refuted their EUC08 program implementation errors, while threatening millions of other citizens with the loss of their emergency designated recovery act funds to make sure the state agencies would obey their illegal demands and their mistakes would remain undiscovered).
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Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
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Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
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List of violators that should be investigated for possible prosecution/impeachment or action in the courts if the government will not investigate itself (submitted to DOJ and FBI already):

Robert Wagner - Chief of Special Benefits Department of Labor
Suzanne Simonetta - Legislature Chief Division of Unemployment DOL
Dale Ziegler - Unemployment Insurance Division DOL
Gay Gilbert - Employment & Training Administration DOL
Hilda Solis - Head of the Department of Labor DOL
Betty Castillo, Jamie Bachinski and Todd Yamamoto - DOL

Eder Marcus - Department of Labor Office of Inspector General
Robert Coyle - DOL OIG
Freddie Howell - DOL OIG
Daniel Petrole - DOL OIG

Donald Cox - Recovery Accountability & Transparency Board
Atticus Reaser - RATB
Roy Kime - RATB

Pam Harris - California Employment Development Department
Robert Dresser - California Unemployment Insurance Appeals Board
Alberto Roland - California Unemployment Insurance Appeals Board
Mark Woo Sam - California Labor & Workforce
Marty Morgenstern - California Labor & Workforce
---------------------------------------------------------------

Thank you for your time and attention.
Sorry for the bad news.
Let the discussion begin...


"Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928)."
 
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So THIS is the forum to report your finding?

Politics Discuss government policies and candidates...


The subject matter involves the White House, and President Obama, prior to the 2012 election. This "candidate for election" (at the time), was informed of serious "policy problems" with regards to the implementation of the Federal Emergency Unemployment Compensation Program (Recovery/Economic Policy):

White House Memorandum 10/20/11

White House Notified About CUIAB Case A0-265448 Photos by corazonroto512 | Photobucket

Among many other questions, I am asking: "Why did the White House fail to investigate this problem? Why didn't they inform the press and the public? Why are they still ignoring the same evidence that proves an ongoing recovery act program is making improper payments in violation of the law?"

The "US media" used to ask these questions...before they fired most of their investigative reporters in the name of profit...
 

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