corazonroto
Member
- Dec 15, 2012
- 61
- 5
- 6
I wanted to share recent updates from my ongoing investigative efforts:
I have made numerous Freedom of Information Act and Privacy Act requests, directed at the White House, in this instance, in hopes of obtaining documents that expose their involvement in Economic Stimulus/ ARRA Fraud, Public Corruption, Abuses of Authority and Official Misconduct (surrounding the Emergency Unemployment Compensation program Implementation Disaster). This new request is based on previous FOIA/PA act successes in the Summer of 2012, that produced the following documents, that have led me to investigate deeper and across a broader time frame:
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
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
But, the home of the "open government directive", is not interested in obeying the law (FOIA/Privacy Act), when it comes to producing documents that show their involvement in these "matters" prior to our last national election (or any other time).
Transparency and Open Government | The White House
Once again...one set of "rules" for THE RICH AND POWERFUL, while the "the actual rules" ALWAYS apply to WE THE PEOPLE.
I wanted to share the same email I shared with all the states that I have gotten involved through separate "audit/ARRA" oversight complaints related to this implementation blunder involving billions of dollars in Recovery Act funds that affect millions of claimants nationwide (the feds and states are "partners in the EUC08 agreement" to distribute these vital ARRA funds). It has been edited to afford me some privacy, and to save space for your viewing here on USMB.
As a "bonus" I am sharing the FWD of the White House FOIA with the involved state investigative entities, that also asks them about their progress on vetting the evidence I sent them weeks ago. The White House FOIA below the initial emails, provides a detailed explanation of the whole problem:
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Fwd: STATES NOTIFIED: WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
-------- Original Message --------
Subject:
STATES NOTIFIED: WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Thu, 14 Mar 2013 08:15:54 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], [email protected], [email protected], [email protected], [email protected], OIGHotline <[email protected]>, [email protected], [email protected], [email protected], [email protected], "Callahan, Kevin J (CRT)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
From:
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
SUBECT: WHITE HOUSE/DOL FOIA VIOLATIONS SHARED WITH STATES INVESTIGATING THE EUC08 PROGRAM IMPLEMENTATION DISASTER
(directed at the listed state and federal entities)
The States below, involved in my investigative/audit efforts against the faulty EUC08 program implementation, have been notified that the White House and DOL have been repeatedly violated the Freedom of Information Act and Privacy Act, in order to hide documents and further cover-up their involvement in this Economic Stimulus Fraud and Public Corruption, that both the FBI and DOJ are willfully ignoring along with federal civil right statute violations (Official Misconduct under the color of law). If the FBI and DOJ will not respond to my many petitions to redress these grievances under the color of law then they will find themselves in a court of law in the not too distant future, along with many state and federal officials (failure to keep citizens and ARRA emergency designated funds from harm). I see no legal justification for failing to start an investigation based on such strong and extensive evidence, backed by a standing decision in a court of law. I know that the legal experts I have been communicating with cannot find any, so what is your excuse?
Will any of you respond or will you continue to violate/ignore the law?
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-------- Original Message --------
Subject:
WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Wed, 13 Mar 2013 21:57:14 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], "Holmes, Patrick (DOES)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Thomas, David" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]
From:
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
SUBJECT: COPY OF WHITE HOUSE FOIA VIOLATIONS (related to EUC08 Program ARRA Fraud investigation)
For the involved States, all partners in their own "EUC08 Agreement" with the federal Department of Labor Employment & Training Administration:
The federal government continues to violate the law (FOIA and PA Act requests that would further incriminate them more than likely) (see recent emails below for your review). I know for a fact, since I made a successful challenge in a California Court of Law, that there are serious flaws in the EUC08 program that have wasted billions of dollars and harmed millions of claimants nationwide. It does not matter whether I proved this in a court of law in your state or not and you all know this. It does not change the fact that mistakes were published in the EUC08 program guidelines by the Department of Labor back in 2008. Those mistakes violate three federal regulations and you need no court to prove this...your own eyes will do fine because you can Google that info just like I did, before I took it to court to prove my point. The "EUC08 Agreement" you all took part in requires you to put a stop to ANY "improper payments". That includes ones that come about because your "partner" the federal government botched the EUC08 program Implementation and are leaving you all to pay for the aftermath. A few states like Florida for example, have made the illogical response, to ask me to contact the federal Department of Labor to sort this out. I say that Florida has now joined the state of California, and they will be the next target of many FOIA/PA and state records act request for documents and claimant records. With this I can prove that this state violated the "EUC08 Agreement" and therefore violated federal laws and regulations, like California has and I will with them soon. I already made very clear that the federal DOL has made implementation errors that violate three of their own federal regulations, they tried to LIE to me about what the actual law was up to 10/7/11 when they actually put their faulty implementation down* in writing, which I took to court in CUIAB Case A0-265448 and had REFUTED. THEN they further violated the law, abused their authority, violated my rights and those of millions of California citizens on 2/7/12, when Todd Yamamoto threatened my state agencies over that appeal case and precedent request and actually told them they would END the "EUC08 Agreement" with California if they DARED make "corazonroto"'s appeal case a "precedent" and tried to apply it to ANY other victim/claimant. They have also repeatedly violated the FOIA/PA Acts and legal action will be upon them in the not too distant future.
Do any other states want to ask me to go to the criminals who committed ARRA Fraud, Official Misconduct, Abused their Authority, and harmed millions of struggling workers and families for more than four years (just to protect themselves)? (like Florida has illogically done and joined California as "rogue states" under my investigation)
Or do you want to start responding to me about what you intend to do? (these are ARRA emergency designated funds after all). Because, I know for a fact that it does not take so long to compare three federal regulations to one faulty Q&A in the EUC08 program guidelines along with Robert Wagner's "mistaken applicable benefit year definition"? You have plenty of evidence to prove my allegations (based on a standing decision in a court of law that the Obama Administration tried to subvert but failed to do so). I am not sure why these citizens and those ARRA funds should be allowed to be wasted one second longer than they have to be. This problem of national importance demands immediate attention. I see no legally justifiable reason for failing to respond to my petitions to resolve these grievances.
It is a simple question: do you intend to keep citizens and ARRA funds from harm, or continue to allow the EUC08 program implementation disaster to get worse and worse?
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<copy of EUC08 implementation Disaster related White House FOIA request/violations update follows for your review>
-------- Original Message --------
Subject:
WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Wed, 13 Mar 2013 15:59:39 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], [email protected], [email protected], [email protected], [email protected], OIGHotline <[email protected]>, [email protected], [email protected], [email protected], [email protected], "Callahan, Kevin J (CRT)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
From:
"corazonroto"
EUC08 Program whistle-blower
DJ 144-11E-0
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448
Subject: FOIA/RA ACT REQUEST. Continuing White House Freedom of Information/Privacy Act Request Violations
I recently spoke with Dionna Hardy, after the White house violated FOIA from my initial 1/4/13 request. Today is 3/13/13 and by law you should have responded to my request one way or the other by now. There is no legal justification for refusing to respond, and refusing to produce documents that I am very sure the White House posses. If the Deputy Administrator of the Department of Labor Employment & Training Administration, Dale Ziegler, went to the trouble to send the 10/21/11 memorandum to the White House, about "corazonroto"'s successful challenge/evidence in a California Court of Law, that REFUTED the federal EUC08 program implementation mistakes, that also had denied him (and possibly millions of others) ARRA funds based on errors (by Robert Wagner of the DOL ETA), that violate federal regulations, then I am quite sure that the OMB/EOP and any other part of the White House that is required to submit to such a FOIA/PA request would have become VERY involved in any information about a serious problems with a vital Recovery Act program (like EUC08 that has spent more than $90 billion dollars since 2008 on more than 29 million claims...many of them affected by "improper payments/ARRA fraud" due to the Department of Labor's historic illegal policy blunders). I have made repeated inquires, petitions and complaints that would have continued to get the same attention to and from the White House about the same problems with the same recovery Act program (EUC08).
Does the White House/OMB expect me, or any lawyer or judge to believe that NO DOCUMENTS have been generated related to these ongoing matters surrounding the EUC08 program, my appeal victory against EUC08 program policy errors that violate the law and citizens rights, or that magically every single one of them is "exempt"? Your delay and stall tactics only make the Obama Administration look much more guilty (why hide anything since you proclaim to be such an "open administration" according to many directives and memorandums you have issued since 2008). Facts and truth don't match your hope and change. I seriously doubt the OMB would not discuss problems with billions of dollars/million of claims for American Recovery & Reinvestment funds, like the Federal Emergency Unemployment Compensation Program, when this is such an important part of our Recovery efforts. The White House must have discussed these issues, especially before the last election, up to present day in line with my many petitions, complaints and inquiries, and I am sure MANY documents in many formats available to me under FOIA and the Privacy Act would be available under the applicable law and regulations (see details of the same request from 1/4/13 below).
If you continue to violate the act, I can only document this further and bring the matter before a judge in a court of law for final resolution (with as much public and media attention as I can muster to show how the Obama Administration is covering up problems in the EUC08 program, refusing to say anything one way or the other, while violating other laws like FOIA and the Privacy act to make sure my investigations get no more incriminating evidence, than I already have).
Please respond immediately.
"corazonroto"
http://www.facebook.com/UnemploymentBenefitsRestorationProject
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THIS IS THE INITIAL FOIA/PA REQUEST I FILED ON 1/4/13.
-------- Original Message --------
Subject:
FOIA and Privacy Act requests Round 1, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Fri, 04 Jan 2013 12:32:42 -0800
From:
FROM:
EUC08 Program Fraud Whistle Blower/Investigator (external)
"corazonroto"
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448
Attention: Applicable FOIA Officer(s) for White House/EOP/OMB (please forward to all that apply within the White House if more than one)
Subject: Freedom of Information/Privacy Act Request
Investigating Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Document Request Background Information (consider this matter of national public interest for fee waiver considerations)
I am seeking documents under the Freedom of Information and Privacy Act from the White House (OMB and EOP) (details below this summary). I have documents from previous FOIA/Privacy act requests, made this summer of 2012 with the Department of Labor Office of Inspector General and the Recovery Accountability & Transparency Board, that show that the White House was informed of and thereby became involved in the following national scandal that could lead to investigations, indictments, prosecutions and/or impeachment of state and federal officials due to their involvement in the following historic implementation disaster involving billions of wasted Recovery Act dollars and millions of claimants for federal emergency unemployment benefits nationwide:
For more than one year, I have been investigating the serious Waste, Harm, Abuse and Fraud that I have discovered within the federal Emergency Unemployment Compensation Program (EUC08) (American Recovery & Reinvestment Act of 2009, PL 110-252, PL 111-205). I was initially denied thousands of dollars in EUC08 program Recovery Act emergency designated funds in 2011, by my California State Unemployment Agency (Employment Development Department), due to federal mistakes they and all other states nationwide followed (EUC08 UIPLs), that Robert Wagner, the Chief of Special Benefits for the Department of Labor Employment & Training Administration is responsible for (many other state and federal officials are involved). The evidence that I have exposed shows that there are serious problems with the $90+ billion dollars spent so far on over 29 million claims for federal EUC08 program funds nationwide. I estimate that the errors I have uncovered will cost the state and federal government billions of dollars to repair. Individual claimants have been denied thousands of dollars each during this economic recession due to mistakes made by the Chief of Special Benefits Robert Wagner and the DOL Employment & Training Administration. I am the only claimant so far, that has been able to successfully challenge these errors in a court of law and have them refuted (restoring the denied funds and paying EUC08 benefits in accordance with the law while ignoring the federal mistakes in implementation). Millions of other claimants remain affected and have not had their "Inviolate Rights to EUC08" restored, nor the "Improper Payments" made due to these federal implementation errors reversed.
Robert Wagner made a mistake in interpreting the existing federal definition for the "applicable benefit year" (used for all EUC08 determinations, payments and adjudication nationwide). He mistakenly decided that this year is always the initial claim benefit year until the claim is exhausted (federal law and regulations contradict this by saying that it is always the most recent benefit year with the latest ending date). He compounded this error further in writing, and with Jane Oates and Suzanne Simonetta's help, they published this harmful and wasteful mistake in the federal "Implementing and Operating Instructions for EUC08", issued to all states nationwide, starting in UIPL 23-08 Change 1 Q&A Section D. "Multiple EUC Claims" (August 15,2008). This mistake again attempts to force determinations and payment of EUC08 benefits on the older and terminated remaining balances from older initial EUC08 claims older benefit year first, before allowing payment on the most recent benefit year's state unemployment claim that they had just "exhausted" (federal laws and regulations contradict this).
This additional mistake in federal EUC08 policy implementation is specifically what caused "corazonroto" and millions of other claimants like him to be victims of "improper payments" and/or denials of benefits, made on their EUC08 account by the state agencies that blindly followed the federal guidelines that contained these historic mistakes (most were paid much less or denied EUC08 benefits while others were overpaid, wasting billions of recovery act dollars in the process over the past four years). By forcing claimants onto older and terminated benefit years remaining EUC08 account balances, our government has brought great harm and suffering to too many struggling workers and families during this endless economic recession (and have violated civil rights and their own laws and regulations). Claimants have been forced to accept lesser paying EUC08 claims for less total weeks of benefits, and were forced to wait until the entire balance of these lesser funds has been exhausted, before out government will allow them to be paid properly from the most recent benefit year and state unemployment claim that led to them becoming an "exhaustee" for a new EUC08 claim they were not allowed to access (federal laws and regulations contradict this) (entitlement to the newer claim was lost by most in the process while trapped on the older claim for more than one year+). This has kept a great deal of recovery act funds from supporting our weak economy. This disaster subverts the main principles and purpose of the Recovery Act.
The economy has been denied billions of dollars due to this "American Recovery & Reinvestment Act Waste, Harm, Denial and Fraud" caused by the mistakes that the federal Department of Labor's Robert Wagner, Jane Oates, Suzanne Simonetta, Gay Gilbert, Dale Ziegler, Jamie Bachinski, Betty Castillo, Todd Yamamoto and many others are responsible for. Even worse, this serious problem of national importance has grown into much more than just a mistake made by "human error". State and Federal officials have been caught in a scandal that exposes their efforts to subvert the standing decision in a California court of administrative law that exposed this problem and refuted the federal implementation mistakes. On 10/20/11 "corazonroto" was able to prevail against these federal implementation mistakes in the EUC08 program, under the still standing decision in California Unemployment Insurance Appeals Board case A0-265448 (restoring $2786 in denied ARRA benefits). He attempted to request that this case be made a precedent in California and then attempted to get an investigation started under federal ARRA oversight requirements with numerous state and federal agencies. They all have failed to keep citizens from harm under the color of law (ignoring the petitions for these grievances). They have allowed ARRA fraud and improper payments to continue affecting the other millions of claimants nationwide and our weak economy.
"corazonroto" is the only claimant being paid EUC08 benefits correctly following federal laws and regulations as CUIAB Case A0-265448 pointed out they should be. A federal agency made illegal threats and demands of state agencies regarding an administrative court of law decision against them, to try to cover this problem up (including threatening the "end of the EUC08 agreement" in California if the precedent was set and used to help any other claimants). They tried to subvert the standing decision in a court of law, that proved their historic mistakes exist and could be refuted,without ever trying to take the case to court to seek its overturn and corrupt state officials assisted them in these abuses of authority (the decision is still standing with no challenge but they claim it "violates federal law" without stating which one or ever trying to take it to court to seek its overturn).
The Freedom of Information and Privacy Act requests I have made so far, have allowed documents that showed these illegal activities to become publicly available, but even when presented with the evidence of their Abuses of Authority and EUC08 program Fraud, the Obama Administration refuses to admit the mistakes exist, refuses to investigate them nor respond in any way to refute what I have exposed through my appeal victory (failing to keep citizens from harm). This again violates the color of law and has failed to keep citizens from harm.
Since the government will not investigate itself, as our constitution, laws and regulations require they do, I feel it my duty to continue this investigation on my own to whatever end I may find to prove that state and federal agents have violated federal civil rights statutes and refused to investigate under the color of law to keep ARRA funds from being wasted and to keep citizens from harm. Before I finalize legal counsel and attempt to petition the United States Government with this "grievance" through the state and federal courts (not for my own profit but to restore the rights of others), I intend to investigate deeper to find out what involvement the White House and President Obama had in these matters before the last "National Election". I feel strongly that there is a cover up going on and that it will lead all the way to the Executive Office of the President of the United States. The American Public has a right to know what is going on, and FOIA and the Privacy Act(s) were meant to help them in circumstances like these that involve decision that may have been made in the White House involving the following:
About one year before our last "National Election", on 10/21/11, Dale Ziegler, the Deputy Administrator of the Department of Labor Employment & Training Administration, sent a "Memorandum to the White House", addressed to President Barack Obama, WH-663175 with the Subject Heading "corazonroto" -- WH9262011-61". This "document" referred to an email that "corazonroto" sent to the Department of Labor on September 21,2011 (copy below), regarding the denial of federal emergency unemployment compensation benefits due to a federal implementation error that "corazonroto" had discovered and was in the process of successfully appealing in California (CUIAB Case A0-265448 refuted the federal implementation problem on 10/20/2011). Dale Ziegler informed the White House of this by sending a copy of the 9/21/11 letter from "corazonroto" (links/copy below) and a copy of the Department of Labor response to "corazonroto" on 10/7/11 (links below). The letter that Dale Ziegler sent to both the White House and "corazonroto" from October 7, 2011 contains mistakes in federal Emergency Unemployment Compensation program implementation, that "corazonroto" was able to REFUTE fully through the still standing decision in a California administrative court of law (CUIAB Case A0-265448 refuted the specific federal policy mistakes cited from the 10/7/11 DOL letter to the White House, that were exposed in the EUC08 program on 10/20/11). The related documents from Dale Ziegler and Betty Castillo confirm that this "White House Communication" was leading in some way to the action they took through Todd Yamamoto in the form of the illegal threats and demands that were made later on 2/7/12 of the California state agencies involved (see details below). Any reasonable person would imagine it plausible that the White House then generated numerous documents amongst many government entities internal to the White House/EOP/OMB while discussing, analyzing and investigating these matters of national importance ($90+ billion dollar program for federal emergency benefits affecting more than 29 million claims since 2008 during an ongoing economic recession). They more than likely were to have generated documents that communicated instructions on how to proceed with internal White House entities, as well as external state and federal entities who were involved or became involved as a result of the White House becoming aware of "corazonroto"'s evidence and efforts to expose the EUC08 program implementation problems last October 2011 (and his efforts to help millions of other victims of these federal mistakes involving recovery act funds).
After the appeal victory, both the state and federal government refused to accept/believe that their EUC08 program implementation contained serious wasteful errors that were proved to exist by the still standing administrative court of law decision in CUIAB Case A0-265448. Possibly acting on orders from the President or other persons in the White House, the Department of Labor, The Recovery Accountability & Transparency Board, The Department of Justice/FBI and the involved State agencies have all appear to have conspired to NOT investigate this serious implementation problem involving billions of dollars in Recovery Act funds that affect our weak Economy and millions of struggling workers and families nationwide. Evidence obtained from other successful Freedom of Information and Privacy Act request with several federal agencies in the summer of 2012 already has provided incriminating evidence to show that on 2/7/12 the federal Department of Labor became involved in making illegal threats to end the "EUC08 Agreement" in California if "corazonroto"'s CUIAB Case A0-265448 was set as a "precedent" and applied to ANY other claimants. The feds also refused to pay any federal funds in support of the standing decision in a court of California administrative law (forcing California to pay for this with state funds). The feds also claimed that the "decision in CUIAB Case A0-265448" "violates federal law". But they do not say which law nor regulation specifically, nor did they ever attempt to take CUIAB Case A0-265448 to court again to seek its overturn (the 6 months statute of limitations has long passed). They also refuse to investigate nor refute these allegations in any way.
FOIA and Privacy Act Request Details:
OMB, EOP and the White House have been sent evidence about this Economic Stimulus Fraud and Public Corruption (by "corazonroto" and other state and federal agents), involving the State of California Employment agencies and the federal Department of Labor Employment & Training Administration (along with the DOJ/FBI and Recovery Accountability & Transparency Board), but they have failed to respond to "corazonroto" and have not done anything about this serious problem of national importance that they were informed about in specific detail as earlier as October 2011 (except since to delay efforts and refuse to investigate nor refute evidence).
I am requesting copies of any and all documents, from the time period of 6/25/11 through 1/1/13, that the White House OMB and/or EOP offices have generated in response to my many requests for an investigation into the serious matters I have described above (via my calls, emails and letters or those of others who are involed). If the White House/EOP/OMB received documents from "corazonroto" or any other government agents about these problems, containing facts/evidence of EUC08 program implementation problems involving Abuses of Authority and Offical Misconduct that would be of great public/media interest, then it is likely that they generated documents of inquiry about these matters that would have been sent to the individuals and agencies involved that may have originated as a result of the Dale Ziegler and/or other Department of Labor communications with the White House from 10/1/2011 to present day (01/01/13) involving the following entities (some other person(s) in the government must have discussed these problems/evidence with the White House entities, and then gave the Department of Labor the "Authority" to take the illegal actions that occurred around 2/7/12 affecting the standing decision in CUIAB Case A0-265448, and the American Public has a right to know how this happened and who may be involved from any documents available under FOIA and the Privacy Act):
1. President Barack Obama/Executive Office of the President:
(a) Executive Office of the President
(b) Council of Economic Advisors
(c) Office of Administration
(d) Office of Chief of Staff
(e) Office of Communications (Press Secretary/Media Affairs)
(f) Office of Legislative Affairs
(g) Office of Public Engagement and Intergovernmental Affairs
(h) Office of the White House Counsel
(i) and/or any other applicable office/branch/division/agent related to the White House EOP that has become involved in these matters.
2. Office of Management and Budget:
(a) Recovery Team,
(b) Accountability,
(c) Improper Payments,
(d) Legislative Affairs,
(e) Economic Policy,
(f) Management & Operations,
(g) Federal Financial Management
(h) Office of Information and Regulatory Affairs
(i) and/or any other applicable office/branch/division/agent related to White House OMB that has become involved in these matters.
3. Outside agencies that documents may have been sent to/received by the White House regarding these same matters from 10/1/2011 to present day (01/01/12):
(a) Department of Justice/FBI
(b) Department of Labor
(c) California State Labor Workforce Development Agency, Employment Development Department, California Unemployment Insurance Appeals Board
(d) and/or any other applicable state or federal agencies that have become involved in these matters (Treasury, GAO, OIGs, California Department of Justice etc.)
4. Individuals that are part of the investigation and that have some involvement in the illegal activities (potential source or destination for many of the documents):
(a) Robert Wagner - Chief of Special Benefits Department of Labor
(b) Suzanne Simonetta - Legislature Chief Division of Unemployment DOL
(c) Dale Ziegler - Unemployment Insurance Division DOL
(d) Gay Gilbert - Employment & Training Administration DOL
(e) Hilda Solis - Head of the Department of Labor DOL
(f) Betty Castillo DOL
(g) Jamie Bachinski DOL
(h) Todd Yamamoto DOL SF Region 6
(i) Eder Marcus - Department of Labor Office of Inspector General
(j) Robert Coyle - DOL OIG
(k) Freddie Howell - DOL OIG ARRA Oversight
(l) Daniel Petrole - DOL OIG
(m) Donald Cox - Recovery Accountability & Transparency Board
(n) Kathleen Tighe RATB Oversight
(o) Atticus Reaser - RATB
(p) Roy Kime - RATB
(q) Pam Harris - California Employment Development Department
(r) Robert Dresser - California Unemployment Insurance Appeals Board
(s) Alberto Roland - California Unemployment Insurance Appeals Board
(t) Robert Dresser - California Unemployment Insurance Appeals Board
(u) Mark Woo Sam - California Labor & Workforce Agency
(v) Marty Morgenstern - California Labor & Workforce Agency
5. (other document source/destinations) Since 6/24/12, "corazonroto", in an ongoing effort to alert the Obama Administration to harmful and wasteful implementation errors in the federal Emergency Unemployment Compensation program (EUC08) that the Department of Labor contacted them about last year, has been emailing (from http://www.facebook.com/UnemploymentBenefitsRestorationProject) to the White House evidence that may also have generated documents from the following specific entities (that had contact to/from "corazonroto" or any of the entities above):
(a) OMB:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
(b) White House EOP contacts:
[email protected]
[email protected]
[email protected]
(c) Website Contact Forms:
President Obama
Vice President Job Biden
White House Office of Public Engagement
The documents requested under the Act(s), in the requested time period, would be ones that discuss "corazonroto", his information and evidence from CUIAB Case A0-265448 and response/inquiries to/from the applicable agencies/entities listed above. Please do not duplicate any documents if possible. If there is a copy of identical documents only the information stating the sender/addressee/date/contact information is required. These documents will help to further the investigation into how federal recovery act funds have been wasted due to illegal activities committed by state and federal officials under the color of law (which is of great national public/media interest). The purpose of contacting the White House/EOP/OMB for this FOIA/Privacy Act request, is to determine what documents they may possess that discuss these matters, that would explain what action they took and when, and how other state and federal entities reacted with or without their knowledge, with regards to the problems in the federal Emergency Unemployment Compensation Program implementation that the government continue to fail to investigate. It seems highly unlikely that the White House would not generate a single document, as the result of "corazonroto"'s ongoing communications for the past year, nor generate any other documents that discuss the matters internally or with other outside state and federal entities.
I request a fee waiver for these document requests under the Freedom of Information and Privacy Act pursuant to OMB regulations (and/or similar regulation for the applicable government entity):
Sec. 1303.70 Waiver or reduction of charges.
Fees otherwise chargeable in connection with a request for disclosure of a record shall be waived or reduced where it is determined that disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester.
Sec. 1303.10 Access to information.
(d) Expedited processing.
(1) Requests and appeals will be taken out of order and given expedited treatment whenever it is determined that they involve:
(i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
(ii) An urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information;
(iii) The loss of substantial due process rights; or
(iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which effect public confidence.
Freedom of Information and Privacy Act Declaration:
I, "corazonroto", Pursuant to 28 U.S.C.§ 1746, state the following:
1. I am making this declaration freely.
2. I am, in fact, the person that I am claiming to be.
3. I am making this attestation to allow the White House/EOP/OMB, to process my Freedom of information Act and Privacy Act request, in accordance with 5 U.S.C. § 552, and 5 U.S.C. § 552a.
I declare under penalty of perjury that the information contained in the* foregoing is true and correct to the best of my knowledge and belief.
Executed on 1/4/13, again on 2/23/13 and today on 3/13/13.
The White House has yet to make a proper and legal response to my many FOIA requests.
This is a violation of the law which the Obama White House has now committed several times.
http://www.facebook.com/UnemploymentBenefitsRestorationProject
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448 still standing!
The rest the evidence and details about this complex problem, including scans of freedom of information act/privacy act documents that show state and federal officials conspiring to subvert my request for investigations and oversight can be found here:
corazonroto512's Library | Photobucket
http://www.change.org/petitions/dep...re-robbing-the-unemployed-out-of-recovery-aid
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Source Document scans found here (mentioned in the request above):
White House notified before the Election about the EUC08 program problems, (WH9262011-61/WH-663175), 10/21/11 by the Department of Labor regarding "corazonroto"'s efforts/appeal victory that exposed the EUC08 program implementation errors:
5 White House Notified Aboue The Appeal Case That Refuted Federal EUC08 Policy Photo by corazonroto512 | Photobucket
6 White House And Hilda Solis Notified Photo by corazonroto512 | Photobucket
7 Talking About 2/7/12 Letter Photo by corazonroto512 | Photobucket
8 Talking About 2/7/12 Letter Photo by corazonroto512 | Photobucket
The October 7, 2011 Department of Labor (Wagner, Gilbert, Ziegler), statement of EUC08 policy discussed above, that CUIAB Case A0-265448 refuted on 10/18/11 (that the White House was notified of above):
27 Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
28 Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
25 DOL EUC08 Policy Refuted 10/20/11 Photo by corazonroto512 | Photobucket
26 DOL EUC08 Policy Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
The Abuses of Authority and Violations of federal Civil Rights Statutes by federal and state officials:
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket
The appeal victory that proves the EUC08 program implementation errors exist and had them refuted for "corazonroto" in CUIAB Case A0-265448 (what the government entities have tried to interfere with and subvert illegally):
CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket
The 9/21/11 letter/email that "corazonroto" sent to the Department of Labor Officials that was then given to the White House by Dale Ziegler on 10/21/11 (proving the White House had this important information about EUC08 Program Fraud/Waste before the November 2012 National Election for President):
(edited to save space)
------- Forwarded message -------
From: jerkyspace <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To: [email protected]
Cc: "Young, Clarisse - OPA" <[email protected]>
Also sent to Watt Quinn, the DOL OIG Hotline, Hilda Solis
Subject: Fwd: California EDD is violating Public Law 111-205 and denying thousands of claimants EUC funds DoL service request 188028807
Date: Wed, 21 Sep 2011 11:39:21 -0700
Good Afternoon.
I have a very serious issue I am seeking help with regarding Emergency Unemployment Compensation Implementation. While waiting for an email from Quinn and Bob (see below), I wanted to follow up on my question of the EUC08 Implementation Policy in California by the Employment Development Department via their Deferred New Claim Payment Program. I believe they are violating Federal Law by denying me and thousands of others EUC08 funds by not following the Applicable Benefit Year definition, which points to the correct Benefit Year (and BYE) that is supposed to be used for EUC08 Determinations.
My response to the phone call today (with Quinn and Bob), is below...then I have attached the previous email chain leading to this as well as a copy of my current (and still unheard) CUIAB appeal attempt on this issue.
------- Forwarded message -------
From: jerkyspace <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To: [email protected]
Cc:
Subject: California EDD is violating Public Law 111-205 and denying
thousands of claimants EUC funds DoL service request 188028807
Date: Wed, 21 Sep 2011 10
32 -0800
Thank you for your time and patience. I am trying to help many citizens who feel their rights have been violated.
So just to confirm (in writing)...you are telling me that the Applicable Benefit Year Definition, used for EUC Determination Purposes, for Public Law 110-252/111-205 and their amended versions, set in the Federal Register, after it was defined by the Department of Labor in General Administration Letter 12-92 Change 5, is wrong because of the Q&A you pointed out from Attachment to UIPL 23-08 Change 3 Section D 1-5? I have re-read that section and it is all referring to how to handle EUC08 Tiers that started before new extensions (of time) in the act. I have not exhausted any Tier I EUC08 claims as are referred to in that Question #4 you gave as your evidence. If this question re-defined the definition of the Applicable Benefit Year for EUC08 determination purposes, then why was it not updated in an actual statement of policy from 2008-2011? The "definitions" for EUC are very clear. The Federal Register refers to an Applicable Benefit Year that is supposed to use the MOST RECENT Benefit Year (state defined as a 52 week benefit year). Just to confirm, you are telling me that the NEW Definition of Applicable Benefit year for EUC08 determination purposes is the OLDEST Benefit Year now because of Question #4?
And that this no longer applies for the Applicable Benefit Year Definition? "When the current benefit year (subsequent), of an individual who has exercised an option to postpone regular benefits to receive EUC, ends, the subsequent benefit year becomes the "applicable benefit year" for EUC purposes as defined in 20 CFR 615. Therefore, all rights to EUC based on the prior benefit year are exhausted. Any further EUC entitlement must be based on the most recently expired/exhausted benefit year."
nor does this?
"As agents of the United States, the States may not vary from the operating instructions in GAL 12-92 and GAL 12-92, Changes 1-4, or this Change 5 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor."
GENERAL ADMINISTRATION LETTER NO. 12-92, Change 5, Employment & Training Administration (ETA) - U.S. Department of Labor
-----------------------------------------------------------------------------------------------------------------
Code of Federal Regulations:
eCFR ? Code of Federal Regulations
§ 615.2 Definitions.
For the purposes of the Act and this part—
(a) Act means the “Federal-State Extended Unemployment Compensation Act
of 1970” (title II of Pub. L. 91–373; 84 Stat. 695, 708), approved August
10, 1970, as amended from time to time, including the 1980 amendments in
section 416 of Pub. L. 96–364 (94 Stat. 1208, 1310), approved September
26, 1980, and in sections 1022 and 1024 of Pub. L. 96–499 (94 Stat. 2599,
2656, 2658) approved December 5, 1980, and the 1981 amendments in sections
2401 through 2404 and section 2505(b) of Pub. L. 97–35 (95 Stat. 357,
874–875, 884) approved August 13, 1981, and the 1982 amendment in section
191 of Pub. L. 97–248 (96 Stat. 324, 407) approved September 3, 1982, and
the 1983 amendment in section 522 of Pub. L. 98–21 (97 Stat. 65, 148)
approved April 20, 1983.
(b) Base period means, with respect to an individual, the base period as determined under the applicable State law for the individual's applicable benefit year.
(c)(1) Benefit year means, with respect to an individual, the benefit year as defined in the applicable State law.
(2) Applicable benefit year means, with respect to an individual, the current benefit year if, at the time an initial claim for Extended Benefits is filed, the individual has an unexpired benefit year only in the State in which such claim is filed, or, in any other case, the individual's most recent benefit year. For this purpose, the most recent benefit year for an individual who has unexpired benefit years in more than one State when an initial claim for Extended Benefits is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed. The individual's most recent benefit year which expires in an Extended Benefit Period is the applicable benefit year if the individual cannot establish a second benefit year or is precluded from receiving regular compensation in a second benefit year solely by reason of a State law provision which meets the requirement of section 3304(a)(7) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)(7)).
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and this does not conflict with Section D Question 4 that you mention?
Attachment A to UIPL No. 23-08
Implementing and Operating Instructions for EUC08
Definitions:
This section contains the definitions of terms used throughout this document. To the extent possible, these definitions follow the extended benefit regulations found at 20 CFR 615.2, as required by Section 4006 of the Act regarding these terms. References to 5 U.S.C. Chapter 85 relate to Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Servicemembers (UCX).
4. “Applicable Benefit Year” means, with respect to an individual, the current benefit year if, at the time an initial claim for EUC08 is filed, the individual has an unexpired benefit year only in the state against which claim is filed, or, in any other case, the individual’s most recent benefit year ending on or after May 1, 2007. For this purpose, the most recent benefit year, for an individual who has unexpired benefit years in more than one state when an initial claim for EUC08 is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed.
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nor this?
Attachment 1 to UIPL 04-10, Change 4
Questions and Answers
D. Multiple EUC08 Claims/Accounts
1) Question: An individual has EUC08 accounts with respect to more than one benefit year.
Which benefit year is used when applying the State EUC08 Options?
Answer: Only benefit years that expire after enactment (July 22, 2010) of the Extension Act may be used. If an individual received EUC08 on or before July 22, 2010, with respect to a benefit year that has expired or will expire after July 22, 2010, they may qualify for the State EUC08 Option, if otherwise eligible.
---------------------------------------------------------------------------------------------
4. Modification of EUC08 Requirements Regarding Subsequent Regular Compensation Entitlement. P.L. No. 111-205 modifies the EUC08 requirement that individuals must exhaust all regular compensation entitlement before receipt of EUC08. It provides for the continued payment of EUC08 where an individual qualifies for a subsequent benefit year if the regular weekly benefit amount payable on that subsequent benefit year is lower than the EUC08 weekly benefit amount, as specified below. (The Questions and Answers in Attachment 2
provide additional information on this change.) Individuals may be eligible to continue to receive EUC08 instead of regular compensation if the following criteria are met:
a. The individual is entitled to EUC08 with respect to a benefit year;
b. The benefit year has expired after the date of the enactment of the Extension Act;
c. The individual has remaining entitlement to EUC08 benefits with respect to the benefit year; and
d. The individual would qualify for regular compensation in a subsequent (new) benefit year and the weekly benefit amount on the new benefit year would be at least either $100 or 25 percent less than the weekly benefit amount payable on the individual’s EUC08
claim.
This amendment applies only to those individuals whose benefit years expire after the date of enactment of the Extension Act (July 22, 2010).
The MOST RECENT, Applicable Benefit Year, that the claimant ran out of Regular UI Funds on, is the Benefit Year meant to be read in this section of Public Law 111-205. Not the oldest year you first established the initial "claim" to funds from the Federal EUC Account.
Attachment A to UIPL No. 23-08
Implementing and Operating Instructions for EUC08
9. Establishment of EUC08 Account. Section 4002(a) of the Act requires the state to establish an EUC08 account for each eligible individual. The maximum benefit amount (MBA) in the individual’s account will be equal to the lesser of 50 percent of the total amount of regular compensation or 13 times the average regular compensation WBA for a week of total unemployment (including dependents’ allowances in either case) payable to the individual with respect to the “applicable benefit year.”
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Thank you for your time and efforts. But, with all due respect, I think you have made a mistake, and base it only on one Q&A section. I think I have the stronger legal argument and will pass that on, after I review what you send me by email (to be fair). This is just one last attempt to try to show you what I think is correct.
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Citizens need help now...without further delay...
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<end message from "corazonroto" 9/21/11>
These arguments would be won by "corazonroto", despite the subsequent 10/7/11 attempt to make a statement in writing to describe their faulty EUC08 program implementation, because the Department of Labor was proved to be wrong by CUIAB Case A0-265448 on 10/21/11 (supporting the arguments, points of law and evidence made by "corazonroto" above).
----------------------------------------------------------------------------------
Please respond to confirm receipt of these FOIA/Privacy Act requests, to confirm which White House "components" will be able to respond or not about the 10/21/11 Department of Labor/Dale Ziegler Memorandum/Contact (and "corazonroto"'s year+ efforts to alert the White House). If you have any questions or want to try to help reduce the scope of these requests, then please communicate and collaborate with me in order to resolve this matter for the public good and health of our nation. I still assert that it should be the Federal Bureau of Investigations and Department of Justice taking the lead in these investigative matters, but since they refuse to help nor respond, I will continue the work on my own (they would be requesting much of the same information form he same "entities" that I am if they were to investigate these problems as the law requires).
respectfully,
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
https://www.change.org/petitions/de...re-robbing-the-unemployed-out-of-recovery-aid
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
http://www.usmessageboard.com/polit...isconduct-by-state-and-federal-officials.html
http://www.usmessageboard.com/econo...nefits-program-look-back-trigger-anomaly.html
http://www.usmessageboard.com/econo...c-stimulus-fraud-and-abuses-of-authority.html
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The Media should get off their "you know what" and dust off those investigative reporting cobwebs. When I was a growing up, before the 21st century media went limp and soft, information like this would be consider a "scoop" and much investigating and reporting would ensue....
The public should be informed of these important matters...so here I am until I can get the writers and reporters to pretty up my investigative jargon. I would honestly rather not be here...this is ALL ABOUT helping the other victims for me...who our government views as weak enough to sweep under the carpet where they remain ignored as they continue to trample all over them/us and our rights and laws (like this glaring example).
I have made numerous Freedom of Information Act and Privacy Act requests, directed at the White House, in this instance, in hopes of obtaining documents that expose their involvement in Economic Stimulus/ ARRA Fraud, Public Corruption, Abuses of Authority and Official Misconduct (surrounding the Emergency Unemployment Compensation program Implementation Disaster). This new request is based on previous FOIA/PA act successes in the Summer of 2012, that produced the following documents, that have led me to investigate deeper and across a broader time frame:
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
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
But, the home of the "open government directive", is not interested in obeying the law (FOIA/Privacy Act), when it comes to producing documents that show their involvement in these "matters" prior to our last national election (or any other time).
Transparency and Open Government | The White House
Once again...one set of "rules" for THE RICH AND POWERFUL, while the "the actual rules" ALWAYS apply to WE THE PEOPLE.
I wanted to share the same email I shared with all the states that I have gotten involved through separate "audit/ARRA" oversight complaints related to this implementation blunder involving billions of dollars in Recovery Act funds that affect millions of claimants nationwide (the feds and states are "partners in the EUC08 agreement" to distribute these vital ARRA funds). It has been edited to afford me some privacy, and to save space for your viewing here on USMB.
As a "bonus" I am sharing the FWD of the White House FOIA with the involved state investigative entities, that also asks them about their progress on vetting the evidence I sent them weeks ago. The White House FOIA below the initial emails, provides a detailed explanation of the whole problem:
-------------------------------------------------------------------------------
Fwd: STATES NOTIFIED: WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
-------- Original Message --------
Subject:
STATES NOTIFIED: WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Thu, 14 Mar 2013 08:15:54 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], [email protected], [email protected], [email protected], [email protected], OIGHotline <[email protected]>, [email protected], [email protected], [email protected], [email protected], "Callahan, Kevin J (CRT)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
From:
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
SUBECT: WHITE HOUSE/DOL FOIA VIOLATIONS SHARED WITH STATES INVESTIGATING THE EUC08 PROGRAM IMPLEMENTATION DISASTER
(directed at the listed state and federal entities)
The States below, involved in my investigative/audit efforts against the faulty EUC08 program implementation, have been notified that the White House and DOL have been repeatedly violated the Freedom of Information Act and Privacy Act, in order to hide documents and further cover-up their involvement in this Economic Stimulus Fraud and Public Corruption, that both the FBI and DOJ are willfully ignoring along with federal civil right statute violations (Official Misconduct under the color of law). If the FBI and DOJ will not respond to my many petitions to redress these grievances under the color of law then they will find themselves in a court of law in the not too distant future, along with many state and federal officials (failure to keep citizens and ARRA emergency designated funds from harm). I see no legal justification for failing to start an investigation based on such strong and extensive evidence, backed by a standing decision in a court of law. I know that the legal experts I have been communicating with cannot find any, so what is your excuse?
Will any of you respond or will you continue to violate/ignore the law?
------------------------------------------------------------------------------------------------
-------- Original Message --------
Subject:
WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Wed, 13 Mar 2013 21:57:14 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], "Holmes, Patrick (DOES)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "Thomas, David" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]
From:
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
SUBJECT: COPY OF WHITE HOUSE FOIA VIOLATIONS (related to EUC08 Program ARRA Fraud investigation)
For the involved States, all partners in their own "EUC08 Agreement" with the federal Department of Labor Employment & Training Administration:
The federal government continues to violate the law (FOIA and PA Act requests that would further incriminate them more than likely) (see recent emails below for your review). I know for a fact, since I made a successful challenge in a California Court of Law, that there are serious flaws in the EUC08 program that have wasted billions of dollars and harmed millions of claimants nationwide. It does not matter whether I proved this in a court of law in your state or not and you all know this. It does not change the fact that mistakes were published in the EUC08 program guidelines by the Department of Labor back in 2008. Those mistakes violate three federal regulations and you need no court to prove this...your own eyes will do fine because you can Google that info just like I did, before I took it to court to prove my point. The "EUC08 Agreement" you all took part in requires you to put a stop to ANY "improper payments". That includes ones that come about because your "partner" the federal government botched the EUC08 program Implementation and are leaving you all to pay for the aftermath. A few states like Florida for example, have made the illogical response, to ask me to contact the federal Department of Labor to sort this out. I say that Florida has now joined the state of California, and they will be the next target of many FOIA/PA and state records act request for documents and claimant records. With this I can prove that this state violated the "EUC08 Agreement" and therefore violated federal laws and regulations, like California has and I will with them soon. I already made very clear that the federal DOL has made implementation errors that violate three of their own federal regulations, they tried to LIE to me about what the actual law was up to 10/7/11 when they actually put their faulty implementation down* in writing, which I took to court in CUIAB Case A0-265448 and had REFUTED. THEN they further violated the law, abused their authority, violated my rights and those of millions of California citizens on 2/7/12, when Todd Yamamoto threatened my state agencies over that appeal case and precedent request and actually told them they would END the "EUC08 Agreement" with California if they DARED make "corazonroto"'s appeal case a "precedent" and tried to apply it to ANY other victim/claimant. They have also repeatedly violated the FOIA/PA Acts and legal action will be upon them in the not too distant future.
Do any other states want to ask me to go to the criminals who committed ARRA Fraud, Official Misconduct, Abused their Authority, and harmed millions of struggling workers and families for more than four years (just to protect themselves)? (like Florida has illogically done and joined California as "rogue states" under my investigation)
Or do you want to start responding to me about what you intend to do? (these are ARRA emergency designated funds after all). Because, I know for a fact that it does not take so long to compare three federal regulations to one faulty Q&A in the EUC08 program guidelines along with Robert Wagner's "mistaken applicable benefit year definition"? You have plenty of evidence to prove my allegations (based on a standing decision in a court of law that the Obama Administration tried to subvert but failed to do so). I am not sure why these citizens and those ARRA funds should be allowed to be wasted one second longer than they have to be. This problem of national importance demands immediate attention. I see no legally justifiable reason for failing to respond to my petitions to resolve these grievances.
It is a simple question: do you intend to keep citizens and ARRA funds from harm, or continue to allow the EUC08 program implementation disaster to get worse and worse?
------------------------------------------------------------------------------------------------------------------------------------------------
<copy of EUC08 implementation Disaster related White House FOIA request/violations update follows for your review>
-------- Original Message --------
Subject:
WHITE HOUSE OMB FOIA REQUEST THIRD ATTEMPT. Obama White House continues to violate FOIA requests. FOIA and Privacy Act requests Round 3, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Wed, 13 Mar 2013 15:59:39 -0700
From:
http://www.facebook.com/UnemploymentBenefitsRestorationProject <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To:
[email protected], [email protected], [email protected], [email protected], [email protected], OIGHotline <[email protected]>, [email protected], [email protected], [email protected], [email protected], "Callahan, Kevin J (CRT)" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected],
From:
"corazonroto"
EUC08 Program whistle-blower
DJ 144-11E-0
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448
Subject: FOIA/RA ACT REQUEST. Continuing White House Freedom of Information/Privacy Act Request Violations
I recently spoke with Dionna Hardy, after the White house violated FOIA from my initial 1/4/13 request. Today is 3/13/13 and by law you should have responded to my request one way or the other by now. There is no legal justification for refusing to respond, and refusing to produce documents that I am very sure the White House posses. If the Deputy Administrator of the Department of Labor Employment & Training Administration, Dale Ziegler, went to the trouble to send the 10/21/11 memorandum to the White House, about "corazonroto"'s successful challenge/evidence in a California Court of Law, that REFUTED the federal EUC08 program implementation mistakes, that also had denied him (and possibly millions of others) ARRA funds based on errors (by Robert Wagner of the DOL ETA), that violate federal regulations, then I am quite sure that the OMB/EOP and any other part of the White House that is required to submit to such a FOIA/PA request would have become VERY involved in any information about a serious problems with a vital Recovery Act program (like EUC08 that has spent more than $90 billion dollars since 2008 on more than 29 million claims...many of them affected by "improper payments/ARRA fraud" due to the Department of Labor's historic illegal policy blunders). I have made repeated inquires, petitions and complaints that would have continued to get the same attention to and from the White House about the same problems with the same recovery Act program (EUC08).
Does the White House/OMB expect me, or any lawyer or judge to believe that NO DOCUMENTS have been generated related to these ongoing matters surrounding the EUC08 program, my appeal victory against EUC08 program policy errors that violate the law and citizens rights, or that magically every single one of them is "exempt"? Your delay and stall tactics only make the Obama Administration look much more guilty (why hide anything since you proclaim to be such an "open administration" according to many directives and memorandums you have issued since 2008). Facts and truth don't match your hope and change. I seriously doubt the OMB would not discuss problems with billions of dollars/million of claims for American Recovery & Reinvestment funds, like the Federal Emergency Unemployment Compensation Program, when this is such an important part of our Recovery efforts. The White House must have discussed these issues, especially before the last election, up to present day in line with my many petitions, complaints and inquiries, and I am sure MANY documents in many formats available to me under FOIA and the Privacy Act would be available under the applicable law and regulations (see details of the same request from 1/4/13 below).
If you continue to violate the act, I can only document this further and bring the matter before a judge in a court of law for final resolution (with as much public and media attention as I can muster to show how the Obama Administration is covering up problems in the EUC08 program, refusing to say anything one way or the other, while violating other laws like FOIA and the Privacy act to make sure my investigations get no more incriminating evidence, than I already have).
Please respond immediately.
"corazonroto"
http://www.facebook.com/UnemploymentBenefitsRestorationProject
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THIS IS THE INITIAL FOIA/PA REQUEST I FILED ON 1/4/13.
-------- Original Message --------
Subject:
FOIA and Privacy Act requests Round 1, for documents from the White House that will further assist the investigation into Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Waste/Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Date:
Fri, 04 Jan 2013 12:32:42 -0800
From:
FROM:
EUC08 Program Fraud Whistle Blower/Investigator (external)
"corazonroto"
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448
Attention: Applicable FOIA Officer(s) for White House/EOP/OMB (please forward to all that apply within the White House if more than one)
Subject: Freedom of Information/Privacy Act Request
Investigating Violations of Civil Rights, Economic Stimulus Fraud, Public Corruption, Abuses of Authority and ARRA Fraud involving Emergency Unemployment Compensation program funds (EUC08)
Document Request Background Information (consider this matter of national public interest for fee waiver considerations)
I am seeking documents under the Freedom of Information and Privacy Act from the White House (OMB and EOP) (details below this summary). I have documents from previous FOIA/Privacy act requests, made this summer of 2012 with the Department of Labor Office of Inspector General and the Recovery Accountability & Transparency Board, that show that the White House was informed of and thereby became involved in the following national scandal that could lead to investigations, indictments, prosecutions and/or impeachment of state and federal officials due to their involvement in the following historic implementation disaster involving billions of wasted Recovery Act dollars and millions of claimants for federal emergency unemployment benefits nationwide:
For more than one year, I have been investigating the serious Waste, Harm, Abuse and Fraud that I have discovered within the federal Emergency Unemployment Compensation Program (EUC08) (American Recovery & Reinvestment Act of 2009, PL 110-252, PL 111-205). I was initially denied thousands of dollars in EUC08 program Recovery Act emergency designated funds in 2011, by my California State Unemployment Agency (Employment Development Department), due to federal mistakes they and all other states nationwide followed (EUC08 UIPLs), that Robert Wagner, the Chief of Special Benefits for the Department of Labor Employment & Training Administration is responsible for (many other state and federal officials are involved). The evidence that I have exposed shows that there are serious problems with the $90+ billion dollars spent so far on over 29 million claims for federal EUC08 program funds nationwide. I estimate that the errors I have uncovered will cost the state and federal government billions of dollars to repair. Individual claimants have been denied thousands of dollars each during this economic recession due to mistakes made by the Chief of Special Benefits Robert Wagner and the DOL Employment & Training Administration. I am the only claimant so far, that has been able to successfully challenge these errors in a court of law and have them refuted (restoring the denied funds and paying EUC08 benefits in accordance with the law while ignoring the federal mistakes in implementation). Millions of other claimants remain affected and have not had their "Inviolate Rights to EUC08" restored, nor the "Improper Payments" made due to these federal implementation errors reversed.
Robert Wagner made a mistake in interpreting the existing federal definition for the "applicable benefit year" (used for all EUC08 determinations, payments and adjudication nationwide). He mistakenly decided that this year is always the initial claim benefit year until the claim is exhausted (federal law and regulations contradict this by saying that it is always the most recent benefit year with the latest ending date). He compounded this error further in writing, and with Jane Oates and Suzanne Simonetta's help, they published this harmful and wasteful mistake in the federal "Implementing and Operating Instructions for EUC08", issued to all states nationwide, starting in UIPL 23-08 Change 1 Q&A Section D. "Multiple EUC Claims" (August 15,2008). This mistake again attempts to force determinations and payment of EUC08 benefits on the older and terminated remaining balances from older initial EUC08 claims older benefit year first, before allowing payment on the most recent benefit year's state unemployment claim that they had just "exhausted" (federal laws and regulations contradict this).
This additional mistake in federal EUC08 policy implementation is specifically what caused "corazonroto" and millions of other claimants like him to be victims of "improper payments" and/or denials of benefits, made on their EUC08 account by the state agencies that blindly followed the federal guidelines that contained these historic mistakes (most were paid much less or denied EUC08 benefits while others were overpaid, wasting billions of recovery act dollars in the process over the past four years). By forcing claimants onto older and terminated benefit years remaining EUC08 account balances, our government has brought great harm and suffering to too many struggling workers and families during this endless economic recession (and have violated civil rights and their own laws and regulations). Claimants have been forced to accept lesser paying EUC08 claims for less total weeks of benefits, and were forced to wait until the entire balance of these lesser funds has been exhausted, before out government will allow them to be paid properly from the most recent benefit year and state unemployment claim that led to them becoming an "exhaustee" for a new EUC08 claim they were not allowed to access (federal laws and regulations contradict this) (entitlement to the newer claim was lost by most in the process while trapped on the older claim for more than one year+). This has kept a great deal of recovery act funds from supporting our weak economy. This disaster subverts the main principles and purpose of the Recovery Act.
The economy has been denied billions of dollars due to this "American Recovery & Reinvestment Act Waste, Harm, Denial and Fraud" caused by the mistakes that the federal Department of Labor's Robert Wagner, Jane Oates, Suzanne Simonetta, Gay Gilbert, Dale Ziegler, Jamie Bachinski, Betty Castillo, Todd Yamamoto and many others are responsible for. Even worse, this serious problem of national importance has grown into much more than just a mistake made by "human error". State and Federal officials have been caught in a scandal that exposes their efforts to subvert the standing decision in a California court of administrative law that exposed this problem and refuted the federal implementation mistakes. On 10/20/11 "corazonroto" was able to prevail against these federal implementation mistakes in the EUC08 program, under the still standing decision in California Unemployment Insurance Appeals Board case A0-265448 (restoring $2786 in denied ARRA benefits). He attempted to request that this case be made a precedent in California and then attempted to get an investigation started under federal ARRA oversight requirements with numerous state and federal agencies. They all have failed to keep citizens from harm under the color of law (ignoring the petitions for these grievances). They have allowed ARRA fraud and improper payments to continue affecting the other millions of claimants nationwide and our weak economy.
"corazonroto" is the only claimant being paid EUC08 benefits correctly following federal laws and regulations as CUIAB Case A0-265448 pointed out they should be. A federal agency made illegal threats and demands of state agencies regarding an administrative court of law decision against them, to try to cover this problem up (including threatening the "end of the EUC08 agreement" in California if the precedent was set and used to help any other claimants). They tried to subvert the standing decision in a court of law, that proved their historic mistakes exist and could be refuted,without ever trying to take the case to court to seek its overturn and corrupt state officials assisted them in these abuses of authority (the decision is still standing with no challenge but they claim it "violates federal law" without stating which one or ever trying to take it to court to seek its overturn).
The Freedom of Information and Privacy Act requests I have made so far, have allowed documents that showed these illegal activities to become publicly available, but even when presented with the evidence of their Abuses of Authority and EUC08 program Fraud, the Obama Administration refuses to admit the mistakes exist, refuses to investigate them nor respond in any way to refute what I have exposed through my appeal victory (failing to keep citizens from harm). This again violates the color of law and has failed to keep citizens from harm.
Since the government will not investigate itself, as our constitution, laws and regulations require they do, I feel it my duty to continue this investigation on my own to whatever end I may find to prove that state and federal agents have violated federal civil rights statutes and refused to investigate under the color of law to keep ARRA funds from being wasted and to keep citizens from harm. Before I finalize legal counsel and attempt to petition the United States Government with this "grievance" through the state and federal courts (not for my own profit but to restore the rights of others), I intend to investigate deeper to find out what involvement the White House and President Obama had in these matters before the last "National Election". I feel strongly that there is a cover up going on and that it will lead all the way to the Executive Office of the President of the United States. The American Public has a right to know what is going on, and FOIA and the Privacy Act(s) were meant to help them in circumstances like these that involve decision that may have been made in the White House involving the following:
About one year before our last "National Election", on 10/21/11, Dale Ziegler, the Deputy Administrator of the Department of Labor Employment & Training Administration, sent a "Memorandum to the White House", addressed to President Barack Obama, WH-663175 with the Subject Heading "corazonroto" -- WH9262011-61". This "document" referred to an email that "corazonroto" sent to the Department of Labor on September 21,2011 (copy below), regarding the denial of federal emergency unemployment compensation benefits due to a federal implementation error that "corazonroto" had discovered and was in the process of successfully appealing in California (CUIAB Case A0-265448 refuted the federal implementation problem on 10/20/2011). Dale Ziegler informed the White House of this by sending a copy of the 9/21/11 letter from "corazonroto" (links/copy below) and a copy of the Department of Labor response to "corazonroto" on 10/7/11 (links below). The letter that Dale Ziegler sent to both the White House and "corazonroto" from October 7, 2011 contains mistakes in federal Emergency Unemployment Compensation program implementation, that "corazonroto" was able to REFUTE fully through the still standing decision in a California administrative court of law (CUIAB Case A0-265448 refuted the specific federal policy mistakes cited from the 10/7/11 DOL letter to the White House, that were exposed in the EUC08 program on 10/20/11). The related documents from Dale Ziegler and Betty Castillo confirm that this "White House Communication" was leading in some way to the action they took through Todd Yamamoto in the form of the illegal threats and demands that were made later on 2/7/12 of the California state agencies involved (see details below). Any reasonable person would imagine it plausible that the White House then generated numerous documents amongst many government entities internal to the White House/EOP/OMB while discussing, analyzing and investigating these matters of national importance ($90+ billion dollar program for federal emergency benefits affecting more than 29 million claims since 2008 during an ongoing economic recession). They more than likely were to have generated documents that communicated instructions on how to proceed with internal White House entities, as well as external state and federal entities who were involved or became involved as a result of the White House becoming aware of "corazonroto"'s evidence and efforts to expose the EUC08 program implementation problems last October 2011 (and his efforts to help millions of other victims of these federal mistakes involving recovery act funds).
After the appeal victory, both the state and federal government refused to accept/believe that their EUC08 program implementation contained serious wasteful errors that were proved to exist by the still standing administrative court of law decision in CUIAB Case A0-265448. Possibly acting on orders from the President or other persons in the White House, the Department of Labor, The Recovery Accountability & Transparency Board, The Department of Justice/FBI and the involved State agencies have all appear to have conspired to NOT investigate this serious implementation problem involving billions of dollars in Recovery Act funds that affect our weak Economy and millions of struggling workers and families nationwide. Evidence obtained from other successful Freedom of Information and Privacy Act request with several federal agencies in the summer of 2012 already has provided incriminating evidence to show that on 2/7/12 the federal Department of Labor became involved in making illegal threats to end the "EUC08 Agreement" in California if "corazonroto"'s CUIAB Case A0-265448 was set as a "precedent" and applied to ANY other claimants. The feds also refused to pay any federal funds in support of the standing decision in a court of California administrative law (forcing California to pay for this with state funds). The feds also claimed that the "decision in CUIAB Case A0-265448" "violates federal law". But they do not say which law nor regulation specifically, nor did they ever attempt to take CUIAB Case A0-265448 to court again to seek its overturn (the 6 months statute of limitations has long passed). They also refuse to investigate nor refute these allegations in any way.
FOIA and Privacy Act Request Details:
OMB, EOP and the White House have been sent evidence about this Economic Stimulus Fraud and Public Corruption (by "corazonroto" and other state and federal agents), involving the State of California Employment agencies and the federal Department of Labor Employment & Training Administration (along with the DOJ/FBI and Recovery Accountability & Transparency Board), but they have failed to respond to "corazonroto" and have not done anything about this serious problem of national importance that they were informed about in specific detail as earlier as October 2011 (except since to delay efforts and refuse to investigate nor refute evidence).
I am requesting copies of any and all documents, from the time period of 6/25/11 through 1/1/13, that the White House OMB and/or EOP offices have generated in response to my many requests for an investigation into the serious matters I have described above (via my calls, emails and letters or those of others who are involed). If the White House/EOP/OMB received documents from "corazonroto" or any other government agents about these problems, containing facts/evidence of EUC08 program implementation problems involving Abuses of Authority and Offical Misconduct that would be of great public/media interest, then it is likely that they generated documents of inquiry about these matters that would have been sent to the individuals and agencies involved that may have originated as a result of the Dale Ziegler and/or other Department of Labor communications with the White House from 10/1/2011 to present day (01/01/13) involving the following entities (some other person(s) in the government must have discussed these problems/evidence with the White House entities, and then gave the Department of Labor the "Authority" to take the illegal actions that occurred around 2/7/12 affecting the standing decision in CUIAB Case A0-265448, and the American Public has a right to know how this happened and who may be involved from any documents available under FOIA and the Privacy Act):
1. President Barack Obama/Executive Office of the President:
(a) Executive Office of the President
(b) Council of Economic Advisors
(c) Office of Administration
(d) Office of Chief of Staff
(e) Office of Communications (Press Secretary/Media Affairs)
(f) Office of Legislative Affairs
(g) Office of Public Engagement and Intergovernmental Affairs
(h) Office of the White House Counsel
(i) and/or any other applicable office/branch/division/agent related to the White House EOP that has become involved in these matters.
2. Office of Management and Budget:
(a) Recovery Team,
(b) Accountability,
(c) Improper Payments,
(d) Legislative Affairs,
(e) Economic Policy,
(f) Management & Operations,
(g) Federal Financial Management
(h) Office of Information and Regulatory Affairs
(i) and/or any other applicable office/branch/division/agent related to White House OMB that has become involved in these matters.
3. Outside agencies that documents may have been sent to/received by the White House regarding these same matters from 10/1/2011 to present day (01/01/12):
(a) Department of Justice/FBI
(b) Department of Labor
(c) California State Labor Workforce Development Agency, Employment Development Department, California Unemployment Insurance Appeals Board
(d) and/or any other applicable state or federal agencies that have become involved in these matters (Treasury, GAO, OIGs, California Department of Justice etc.)
4. Individuals that are part of the investigation and that have some involvement in the illegal activities (potential source or destination for many of the documents):
(a) Robert Wagner - Chief of Special Benefits Department of Labor
(b) Suzanne Simonetta - Legislature Chief Division of Unemployment DOL
(c) Dale Ziegler - Unemployment Insurance Division DOL
(d) Gay Gilbert - Employment & Training Administration DOL
(e) Hilda Solis - Head of the Department of Labor DOL
(f) Betty Castillo DOL
(g) Jamie Bachinski DOL
(h) Todd Yamamoto DOL SF Region 6
(i) Eder Marcus - Department of Labor Office of Inspector General
(j) Robert Coyle - DOL OIG
(k) Freddie Howell - DOL OIG ARRA Oversight
(l) Daniel Petrole - DOL OIG
(m) Donald Cox - Recovery Accountability & Transparency Board
(n) Kathleen Tighe RATB Oversight
(o) Atticus Reaser - RATB
(p) Roy Kime - RATB
(q) Pam Harris - California Employment Development Department
(r) Robert Dresser - California Unemployment Insurance Appeals Board
(s) Alberto Roland - California Unemployment Insurance Appeals Board
(t) Robert Dresser - California Unemployment Insurance Appeals Board
(u) Mark Woo Sam - California Labor & Workforce Agency
(v) Marty Morgenstern - California Labor & Workforce Agency
5. (other document source/destinations) Since 6/24/12, "corazonroto", in an ongoing effort to alert the Obama Administration to harmful and wasteful implementation errors in the federal Emergency Unemployment Compensation program (EUC08) that the Department of Labor contacted them about last year, has been emailing (from http://www.facebook.com/UnemploymentBenefitsRestorationProject) to the White House evidence that may also have generated documents from the following specific entities (that had contact to/from "corazonroto" or any of the entities above):
(a) OMB:
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
(b) White House EOP contacts:
[email protected]
[email protected]
[email protected]
(c) Website Contact Forms:
President Obama
Vice President Job Biden
White House Office of Public Engagement
The documents requested under the Act(s), in the requested time period, would be ones that discuss "corazonroto", his information and evidence from CUIAB Case A0-265448 and response/inquiries to/from the applicable agencies/entities listed above. Please do not duplicate any documents if possible. If there is a copy of identical documents only the information stating the sender/addressee/date/contact information is required. These documents will help to further the investigation into how federal recovery act funds have been wasted due to illegal activities committed by state and federal officials under the color of law (which is of great national public/media interest). The purpose of contacting the White House/EOP/OMB for this FOIA/Privacy Act request, is to determine what documents they may possess that discuss these matters, that would explain what action they took and when, and how other state and federal entities reacted with or without their knowledge, with regards to the problems in the federal Emergency Unemployment Compensation Program implementation that the government continue to fail to investigate. It seems highly unlikely that the White House would not generate a single document, as the result of "corazonroto"'s ongoing communications for the past year, nor generate any other documents that discuss the matters internally or with other outside state and federal entities.
I request a fee waiver for these document requests under the Freedom of Information and Privacy Act pursuant to OMB regulations (and/or similar regulation for the applicable government entity):
Sec. 1303.70 Waiver or reduction of charges.
Fees otherwise chargeable in connection with a request for disclosure of a record shall be waived or reduced where it is determined that disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester.
Sec. 1303.10 Access to information.
(d) Expedited processing.
(1) Requests and appeals will be taken out of order and given expedited treatment whenever it is determined that they involve:
(i) Circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
(ii) An urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information;
(iii) The loss of substantial due process rights; or
(iv) A matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which effect public confidence.
Freedom of Information and Privacy Act Declaration:
I, "corazonroto", Pursuant to 28 U.S.C.§ 1746, state the following:
1. I am making this declaration freely.
2. I am, in fact, the person that I am claiming to be.
3. I am making this attestation to allow the White House/EOP/OMB, to process my Freedom of information Act and Privacy Act request, in accordance with 5 U.S.C. § 552, and 5 U.S.C. § 552a.
I declare under penalty of perjury that the information contained in the* foregoing is true and correct to the best of my knowledge and belief.
Executed on 1/4/13, again on 2/23/13 and today on 3/13/13.
The White House has yet to make a proper and legal response to my many FOIA requests.
This is a violation of the law which the Obama White House has now committed several times.
http://www.facebook.com/UnemploymentBenefitsRestorationProject
Recovery Fraud Complaint RATB-2011-DOL-9DF2506-0
CUIAB Case NO A0-265448 still standing!
The rest the evidence and details about this complex problem, including scans of freedom of information act/privacy act documents that show state and federal officials conspiring to subvert my request for investigations and oversight can be found here:
corazonroto512's Library | Photobucket
http://www.change.org/petitions/dep...re-robbing-the-unemployed-out-of-recovery-aid
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Source Document scans found here (mentioned in the request above):
White House notified before the Election about the EUC08 program problems, (WH9262011-61/WH-663175), 10/21/11 by the Department of Labor regarding "corazonroto"'s efforts/appeal victory that exposed the EUC08 program implementation errors:
5 White House Notified Aboue The Appeal Case That Refuted Federal EUC08 Policy Photo by corazonroto512 | Photobucket
6 White House And Hilda Solis Notified Photo by corazonroto512 | Photobucket
7 Talking About 2/7/12 Letter Photo by corazonroto512 | Photobucket
8 Talking About 2/7/12 Letter Photo by corazonroto512 | Photobucket
The October 7, 2011 Department of Labor (Wagner, Gilbert, Ziegler), statement of EUC08 policy discussed above, that CUIAB Case A0-265448 refuted on 10/18/11 (that the White House was notified of above):
27 Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
28 Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
25 DOL EUC08 Policy Refuted 10/20/11 Photo by corazonroto512 | Photobucket
26 DOL EUC08 Policy Refuted By CUIAB Case A0265448 Photo by corazonroto512 | Photobucket
The Abuses of Authority and Violations of federal Civil Rights Statutes by federal and state officials:
Department Of Labor Abuse Of Authority Photos by corazonroto512 | Photobucket
California EDD And CUIAB Abuse Of Authority Photos by corazonroto512 | Photobucket
The appeal victory that proves the EUC08 program implementation errors exist and had them refuted for "corazonroto" in CUIAB Case A0-265448 (what the government entities have tried to interfere with and subvert illegally):
CUIAB Case A0265448 Victory On October 20 2011 Photos by corazonroto512 | Photobucket
The 9/21/11 letter/email that "corazonroto" sent to the Department of Labor Officials that was then given to the White House by Dale Ziegler on 10/21/11 (proving the White House had this important information about EUC08 Program Fraud/Waste before the November 2012 National Election for President):
(edited to save space)
------- Forwarded message -------
From: jerkyspace <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To: [email protected]
Cc: "Young, Clarisse - OPA" <[email protected]>
Also sent to Watt Quinn, the DOL OIG Hotline, Hilda Solis
Subject: Fwd: California EDD is violating Public Law 111-205 and denying thousands of claimants EUC funds DoL service request 188028807
Date: Wed, 21 Sep 2011 11:39:21 -0700
Good Afternoon.
I have a very serious issue I am seeking help with regarding Emergency Unemployment Compensation Implementation. While waiting for an email from Quinn and Bob (see below), I wanted to follow up on my question of the EUC08 Implementation Policy in California by the Employment Development Department via their Deferred New Claim Payment Program. I believe they are violating Federal Law by denying me and thousands of others EUC08 funds by not following the Applicable Benefit Year definition, which points to the correct Benefit Year (and BYE) that is supposed to be used for EUC08 Determinations.
My response to the phone call today (with Quinn and Bob), is below...then I have attached the previous email chain leading to this as well as a copy of my current (and still unheard) CUIAB appeal attempt on this issue.
------- Forwarded message -------
From: jerkyspace <http://www.facebook.com/UnemploymentBenefitsRestorationProject>
To: [email protected]
Cc:
Subject: California EDD is violating Public Law 111-205 and denying
thousands of claimants EUC funds DoL service request 188028807
Date: Wed, 21 Sep 2011 10
32 -0800Thank you for your time and patience. I am trying to help many citizens who feel their rights have been violated.
So just to confirm (in writing)...you are telling me that the Applicable Benefit Year Definition, used for EUC Determination Purposes, for Public Law 110-252/111-205 and their amended versions, set in the Federal Register, after it was defined by the Department of Labor in General Administration Letter 12-92 Change 5, is wrong because of the Q&A you pointed out from Attachment to UIPL 23-08 Change 3 Section D 1-5? I have re-read that section and it is all referring to how to handle EUC08 Tiers that started before new extensions (of time) in the act. I have not exhausted any Tier I EUC08 claims as are referred to in that Question #4 you gave as your evidence. If this question re-defined the definition of the Applicable Benefit Year for EUC08 determination purposes, then why was it not updated in an actual statement of policy from 2008-2011? The "definitions" for EUC are very clear. The Federal Register refers to an Applicable Benefit Year that is supposed to use the MOST RECENT Benefit Year (state defined as a 52 week benefit year). Just to confirm, you are telling me that the NEW Definition of Applicable Benefit year for EUC08 determination purposes is the OLDEST Benefit Year now because of Question #4?
And that this no longer applies for the Applicable Benefit Year Definition? "When the current benefit year (subsequent), of an individual who has exercised an option to postpone regular benefits to receive EUC, ends, the subsequent benefit year becomes the "applicable benefit year" for EUC purposes as defined in 20 CFR 615. Therefore, all rights to EUC based on the prior benefit year are exhausted. Any further EUC entitlement must be based on the most recently expired/exhausted benefit year."
nor does this?
"As agents of the United States, the States may not vary from the operating instructions in GAL 12-92 and GAL 12-92, Changes 1-4, or this Change 5 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor."
GENERAL ADMINISTRATION LETTER NO. 12-92, Change 5, Employment & Training Administration (ETA) - U.S. Department of Labor
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Code of Federal Regulations:
eCFR ? Code of Federal Regulations
§ 615.2 Definitions.
For the purposes of the Act and this part—
(a) Act means the “Federal-State Extended Unemployment Compensation Act
of 1970” (title II of Pub. L. 91–373; 84 Stat. 695, 708), approved August
10, 1970, as amended from time to time, including the 1980 amendments in
section 416 of Pub. L. 96–364 (94 Stat. 1208, 1310), approved September
26, 1980, and in sections 1022 and 1024 of Pub. L. 96–499 (94 Stat. 2599,
2656, 2658) approved December 5, 1980, and the 1981 amendments in sections
2401 through 2404 and section 2505(b) of Pub. L. 97–35 (95 Stat. 357,
874–875, 884) approved August 13, 1981, and the 1982 amendment in section
191 of Pub. L. 97–248 (96 Stat. 324, 407) approved September 3, 1982, and
the 1983 amendment in section 522 of Pub. L. 98–21 (97 Stat. 65, 148)
approved April 20, 1983.
(b) Base period means, with respect to an individual, the base period as determined under the applicable State law for the individual's applicable benefit year.
(c)(1) Benefit year means, with respect to an individual, the benefit year as defined in the applicable State law.
(2) Applicable benefit year means, with respect to an individual, the current benefit year if, at the time an initial claim for Extended Benefits is filed, the individual has an unexpired benefit year only in the State in which such claim is filed, or, in any other case, the individual's most recent benefit year. For this purpose, the most recent benefit year for an individual who has unexpired benefit years in more than one State when an initial claim for Extended Benefits is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed. The individual's most recent benefit year which expires in an Extended Benefit Period is the applicable benefit year if the individual cannot establish a second benefit year or is precluded from receiving regular compensation in a second benefit year solely by reason of a State law provision which meets the requirement of section 3304(a)(7) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)(7)).
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and this does not conflict with Section D Question 4 that you mention?
Attachment A to UIPL No. 23-08
Implementing and Operating Instructions for EUC08
Definitions:
This section contains the definitions of terms used throughout this document. To the extent possible, these definitions follow the extended benefit regulations found at 20 CFR 615.2, as required by Section 4006 of the Act regarding these terms. References to 5 U.S.C. Chapter 85 relate to Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Servicemembers (UCX).
4. “Applicable Benefit Year” means, with respect to an individual, the current benefit year if, at the time an initial claim for EUC08 is filed, the individual has an unexpired benefit year only in the state against which claim is filed, or, in any other case, the individual’s most recent benefit year ending on or after May 1, 2007. For this purpose, the most recent benefit year, for an individual who has unexpired benefit years in more than one state when an initial claim for EUC08 is filed, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which the latest continued claim for regular compensation was filed.
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nor this?
Attachment 1 to UIPL 04-10, Change 4
Questions and Answers
D. Multiple EUC08 Claims/Accounts
1) Question: An individual has EUC08 accounts with respect to more than one benefit year.
Which benefit year is used when applying the State EUC08 Options?
Answer: Only benefit years that expire after enactment (July 22, 2010) of the Extension Act may be used. If an individual received EUC08 on or before July 22, 2010, with respect to a benefit year that has expired or will expire after July 22, 2010, they may qualify for the State EUC08 Option, if otherwise eligible.
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4. Modification of EUC08 Requirements Regarding Subsequent Regular Compensation Entitlement. P.L. No. 111-205 modifies the EUC08 requirement that individuals must exhaust all regular compensation entitlement before receipt of EUC08. It provides for the continued payment of EUC08 where an individual qualifies for a subsequent benefit year if the regular weekly benefit amount payable on that subsequent benefit year is lower than the EUC08 weekly benefit amount, as specified below. (The Questions and Answers in Attachment 2
provide additional information on this change.) Individuals may be eligible to continue to receive EUC08 instead of regular compensation if the following criteria are met:
a. The individual is entitled to EUC08 with respect to a benefit year;
b. The benefit year has expired after the date of the enactment of the Extension Act;
c. The individual has remaining entitlement to EUC08 benefits with respect to the benefit year; and
d. The individual would qualify for regular compensation in a subsequent (new) benefit year and the weekly benefit amount on the new benefit year would be at least either $100 or 25 percent less than the weekly benefit amount payable on the individual’s EUC08
claim.
This amendment applies only to those individuals whose benefit years expire after the date of enactment of the Extension Act (July 22, 2010).
The MOST RECENT, Applicable Benefit Year, that the claimant ran out of Regular UI Funds on, is the Benefit Year meant to be read in this section of Public Law 111-205. Not the oldest year you first established the initial "claim" to funds from the Federal EUC Account.
Attachment A to UIPL No. 23-08
Implementing and Operating Instructions for EUC08
9. Establishment of EUC08 Account. Section 4002(a) of the Act requires the state to establish an EUC08 account for each eligible individual. The maximum benefit amount (MBA) in the individual’s account will be equal to the lesser of 50 percent of the total amount of regular compensation or 13 times the average regular compensation WBA for a week of total unemployment (including dependents’ allowances in either case) payable to the individual with respect to the “applicable benefit year.”
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Thank you for your time and efforts. But, with all due respect, I think you have made a mistake, and base it only on one Q&A section. I think I have the stronger legal argument and will pass that on, after I review what you send me by email (to be fair). This is just one last attempt to try to show you what I think is correct.
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Citizens need help now...without further delay...
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<end message from "corazonroto" 9/21/11>
These arguments would be won by "corazonroto", despite the subsequent 10/7/11 attempt to make a statement in writing to describe their faulty EUC08 program implementation, because the Department of Labor was proved to be wrong by CUIAB Case A0-265448 on 10/21/11 (supporting the arguments, points of law and evidence made by "corazonroto" above).
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Please respond to confirm receipt of these FOIA/Privacy Act requests, to confirm which White House "components" will be able to respond or not about the 10/21/11 Department of Labor/Dale Ziegler Memorandum/Contact (and "corazonroto"'s year+ efforts to alert the White House). If you have any questions or want to try to help reduce the scope of these requests, then please communicate and collaborate with me in order to resolve this matter for the public good and health of our nation. I still assert that it should be the Federal Bureau of Investigations and Department of Justice taking the lead in these investigative matters, but since they refuse to help nor respond, I will continue the work on my own (they would be requesting much of the same information form he same "entities" that I am if they were to investigate these problems as the law requires).
respectfully,
"corazonroto"
EUC08 Fraud Investigator
http://www.facebook.com/UnemploymentBenefitsRestorationProject
https://www.change.org/petitions/de...re-robbing-the-unemployed-out-of-recovery-aid
Abuse Of Authority All Documents Photos by corazonroto512 | Photobucket
http://www.usmessageboard.com/polit...isconduct-by-state-and-federal-officials.html
http://www.usmessageboard.com/econo...nefits-program-look-back-trigger-anomaly.html
http://www.usmessageboard.com/econo...c-stimulus-fraud-and-abuses-of-authority.html
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The Media should get off their "you know what" and dust off those investigative reporting cobwebs. When I was a growing up, before the 21st century media went limp and soft, information like this would be consider a "scoop" and much investigating and reporting would ensue....
The public should be informed of these important matters...so here I am until I can get the writers and reporters to pretty up my investigative jargon. I would honestly rather not be here...this is ALL ABOUT helping the other victims for me...who our government views as weak enough to sweep under the carpet where they remain ignored as they continue to trample all over them/us and our rights and laws (like this glaring example).
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