Sarbanes-Oxley Judicial Whistleblower Michael Lynch is going to Cook County jail on July 26, 2010!
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UBS whistleblower Bradley Birkenfeld is currently serving a 40-month federal prison sentence for his honesty as a federal whistleblower involving U.S. tax cheats who off-shored their wealth in UBS accounts, while paying no taxes. The U.S. Department of Justice entered into a ’deferred prosecution agreement’ with UBS that protected over 10,000 of these tax cheats, whilst exonerating the white-collar criminals who perpetrated these federal crimes.

On March 4, 2009, internationally renown Los Angeles attorney Richard Fine, was charged with “contempt of court” and “moral turpitude,” disbarred by California’s Supreme Court and jailed by Superior Court Judge David Yaffe “in retaliation for bringing the cases and exposing the unconstitutional payments,” once later held to be unconstitutional. Fine’s case is currently before the US Supreme Court.

On July 26, 2010, United Airlines Sarbanes-Oxley (SOX) whistleblower Michael Lynch will be incarcerated in Chicago’s Cook County jail to serve the remainder of his 60-day sentence handed down on October 13, 2006 by former Judge Paddy McNamara for ’contempt of court’ without due process of law being served in this case.

Mr. Lynch alleged judicial corruption during the October 13th hearing, which purportedly implicated the sitting Judge McNamara. Mr. Lynch never was granted a separate sentencing hearing, as mandated by law, but was marched directly from the court room by the bailiff to commence serving this sentence. By law, due to purported conflicting interests presented during this hearing, Judge McNamara perhaps should have recused herself. Instead, she retired from the bench to Florida while Mr. Lynch served the first several days of his sentence until released on appeal by the court.

Cook County jail was under investigation in 2008 by District Attorney Patrick Fitzgerald and the Office of the Chicago FBI as one of the most corrupt and dangerous correctional institutions in the country.

In spite of the fact that Mr. Lynch serves as a key witness as a Sarbanes-Oxley judicial corruption whistleblower in the United Airlines bankruptcy currently under investigation by the Securities and Exchange Commission, which should have provided him with witness protection under federal law, the Department of Justice and their congressional oversight committees in the House and the Senate, consistently refuse to investigate his allegations of judicial misconduct involving the largest airline bankruptcy and pension termination in the history of the United States.

Mr. Lynch is currently in contact with Ms. Debbie Hampton, a senior attorney in the Atlanta office of the Securities and Exchange Commission, who is currently overseeing the United Airlines investigation, as well as numerous print, radio, and TV investigative journalist reporting on this case. The Department of Justice has been apprised of these issues since late 2006, as has the President of the United States, but have not acted to legally and politically intercede on behalf of Mr. Lynch and his legal team in Chicago. Why?

In a legally parallel case, United Airlines federal bankruptcy Judge Eugene R. Wedoff refused to recuse himself in a case involving Mr. Lynch over similar issues concerning a conflict of interest and issues of alleged judicial corruption. Why?

The legal offices of the Government Accountability Project, the National Whistleblower Center, the Project on Government Oversight, POPULAR, and OAK, as well as many other white-collar crime and national judicial watch groups have been apprised of this case, as have the tens-of-thousand global members of the Whistleblowing Airline Employees Association. Mr. Lynch will appear in the very near future as a guest on international radio and TV to air his grievances for the court of public opinion to judge.

Not unlike now indicted former Governor Rod Blagojevich, who has employed the media in attempts to sway public opinion, Mr. Lynch and his legal team feel this purported unjust incarceration for honest whistleblower testimony presented before the court should be publicly reviewed on the global stage.

Our association has learned of a major forthcoming civil suit that perhaps will further expose and support the allegations currently under review by the Securities and Exchange Commission and Department of Transportation Inspector General’s office. If successful, this suit will help to save the American tax-payer billions in lost revenue, while further amplifying the need for strengthening today’s almost meaningless weak federal whistleblower laws, and in particular, the Sarbanes-Oxley Act of 2002 spared of the legal axe by the U.S. Supreme Court on June 30, 2010.

In late 2007, the Securities and Exchange Commission ignored our petition to investigate these same allegations, while denying witness protection for key informants in this case. In late 2009, Securities and Exchange Commission Inspector General H. David Kotz acknowledged in a letter this remission in their oversight responsibilities, which led to the current SEC investigation in Atlanta.

It should be noted in the 2007 letter to then SEC Commissioner Christopher Cox, witness protection was requested for Mr. Lynch and his family. To date, this petition to both the SEC and DOJ has been ignored. Instead, Mr. Lynch is presently at grave risk on July 26th while being incarcerated yet another time in one of the nation’s most dangerous correctional facilities interned with the general criminal populace without added physical protection, as provided by SOX law. Why?

In 2008, President Obama campaigned on a promise of a greater openness in government with enhanced protection for federal whistleblowers. As an Illinois senator, he was apprised in November 2006 of the plight of Mr. Lynch as such and yet failed to respond to our petition for political intercession based on congressional jurisdiction issues at the time.

Should physical harm befall Mr. Lynch while he is incarcerated in Cook County jail this month, it will send a most chilling signal to any other would-be Sarbanes-Oxley whistleblower in the country during a time of economic peril, as has the example set by the wrongful incarceration of UBS whistleblower Bradley Birkenfeld and whistleblower attorney Richard Fine.

With only a 2% probability of success for federal whistleblowers in this country, combined with the advent of ’deferred prosecution agreements’ and the purported wrongful incarceration of honest whistleblowers, it’s of little wonder why our country is experiencing the rampant criminal activity of white-collar criminals who are robbing the American tax-payer blind. They KNOW they can get away with it.

The physical protection of Michael Lynch while in Cook County jail is in the hands of the President, the Department of Justice, and key congressional committee oversight chairmen. Should harm come to Mr. Lynch whilst incarcerated, the American citizenry must demand that these offices respond to their failure to protect a key Sarbanes-Oxley federal witness and patriot who is acting in the public interest in potentially saving ’We the People’ billions in tax-savings.

Mr. Birkenfeld and Mr. Fine are presently asking our help while in jail.

Had enough yet?

UBS whistleblower Bradley Birkenfeld is currently serving a 40-month federal prison sentence for his honesty as a federal whistleblower involving U.S. tax cheats who off-shored their wealth in UBS accounts, while paying no taxes. The U.S. Department of Justice entered into a ’deferred prosecution agreement’ with UBS that protected over 10,000 of these tax cheats, whilst exonerating the white-collar criminals who perpetrated these federal crimes.

Our Whistleblowing Airline Employees Association website is currently being read/downloaded in over 100 countries around the world. Please visit this page of our site and Bookmark and Share it with our global friends.

Captain Dan Hanley
National Public Spokesperson
Whistleblowing Airline Employees Association

Never Forget!

August 2003 Letter to the Air Line Pilots Association
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Below was the final letter sent to the United Airlines pilot union representatives, ALPA, before submission of federally-mandated safety reports that subsequently terminated Captain Hanley's 35-year career as a pilot.

Captain Mark Seal August 27, 2003
UAL Council 52 Chairman
535 Herndon Parkway
P.O. Box 1169
Herndon, Virginia 20172-1169

Dear Mark,

Thank you for your letter expressing your thoughtful and heartfelt concern for the health of my aviation career and retirement.

On September 11, 2001 something hideous happened to civilized humankind. It quit working. Something went terribly wrong. Our government foreign policy and capitalism was not without fault. It drastically and negatively impacted our industry, our airline, my labor union, our careers, our futures and our retirements.

I was hired as an aviation safety professional. I have been both dismayed and perplexed for the past 23 months over the apparent lack of safety and security focus by our union leadership at the MEC level as well as the national level, on the readily apparent terrorist-related threats to our industry.

The ALPA leadership at all levels has been mostly encumbered with economic survival interests in a bankrupt industry for obvious reasons. If the industry were to collapse, safety and security concerns would be moot. Recognizing the politically intricate, “mine-filled” landscape the MEC has had to negotiate and the consequent politically distressful union negotiating posture that has evolved, I have been offered no other recourse but to legally elicit support from other agencies for political furtherance of my security agenda.

The current presidential administration, through complicity with the ATSB, financial institutions and airline industry management, has wrongfully decided to immorally exploit the horrific air disasters of 9/11/01 for global political/economic gains while concurrently extracting unnecessary massive wage, pension, and work rule concessions from airline employees and destroying the safety voice of my union.

I would not be so brash and foolish, even in my wildest imaginings, to attempt to single-handedly confront the U.S. government/ATSB, the banking and airline industries, and the AFL-CIO/ALPA and expect a successful or healthful outcome. That would be a good definition of folly.

My recent correspondence has set into motion a process that cannot be stopped. The worst fear for the government, the ATSB, the banks and the airline industry CEOs are that agencies outside their jurisdiction or political or legal influence or control, may produce damaging, compromising, or otherwise incriminating hard-evidence of extortion, coercion, intimidation or deceit that knowingly violated Federal law. The end result would be public proof that a gross miscarriage of Federal Aviation and Labor law occurred in violation of RICO statutes which would prove conclusively that ALPA, my bargaining agent and safety representative to which I pay union dues, is ONLY guilty of complicity under duress in the careless and reckless operation of commercial jet aircraft potentially causing endangerment to the unwary traveling public and private property.

The entire global airline workforce needs one independent, common voice to collectively address this obvious travesty of Federal justice. It is currently my intention to legally assist in the enabling of such a process to realize fruition. I will do so without violating Federal law, company policy, or the ALPA Code-of Ethics. If, by my affiliation as an ALPA member, such a measure would constitute a conflict of interest for me or would otherwise endanger the current ALPA negotiations or its’ political agenda, then I will, of course, as a matter of political convenience, resign from ALPA to further my own agenda.

My intent is not to jeopardize or cause economic harm to the airline industry or the U.S. economy. I especially do not want to do anything that would further hinder or prevent United Airlines’ emergence from bankruptcy or discredit ALPA or the AFL-CIO. Nor do I intend to compromise the security of the careers of any airline employees. The truth needs to be exposed and the court of public opinion to judge on what devious scheme was concocted to salvage the post-9/11 air transportation industry on the financial backs of the employees while destroying their labor unions.

Reinforced cockpit doors, FAMs, and the TSA do nothing to thwart the threats of SA-18s, exposure to Racin, or plastic explosives in checked or carry-on luggage.

Recently, the FBI provided the Fams with a briefing on over 50 terrorist-threat items that can evade TSA security-screening detection. The FAMs sit in first class and do not monitor passenger behavior in the rest of the aircraft. The flight attendants were not briefed or given specific information on the identification of these devices. Since I still do not have the TV cameras that I was promised two years ago to monitor cabin activity, the flight attendants are my only eyes and ears in the back of the airplane. They do not know specifically what they are looking for in terms of camouflaged terrorist devices. We are at risk. TSA is just window-dressing. This is specifically what was stated by the DENTK Security Training instructor to 15 pilots at my last Proficiency Training this past May. The pilots in attendance laughed in agreement. What’s so funny about that?

To openly discuss the nature and identity of these 50 terrorist-threat items in public might negatively and severely impact schedule integrity due to crew concerns or shrink the company bottom line or even worse yet, expose the frailties of our TSA screening devices to the traveling public and create the impression there are weakness in the security system. Imagine that?

Please recall that December 21, 2003 marks the 15th anniversary of the Pan Am 103 air disaster over Lockerbie, Scotland and we still are not screening 100% of the luggage for plastic explosives. Positive bag match is moot. Terrorists are willing to travel with their luggage and die for their cause.

These are just a few examples of the many current breeches of aviation security that are prevalent in our industry. There are more. You and I know it. The traveling public doesn’t. That isn’t fair.

The traveling public has been provided by government and airline managers an illusion of aviation security. Present day commercial aviation security is minimal at best. The real solutions to our security problems are COST-PROHIBITIVE. The only true solution to our security problems within the airline industry is a GLOBAL POLITICAL ONE. Impeachment of the current depraved political process is the only correct solution.

President Bush has deemed it appropriate to play politics with other peoples’ lives in the furtherance of his political and economic agenda. I am a pilot, not a politician. I do not play politics with other peoples’ lives. Part of my job is to safely protect other peoples’ lives and to report via appropriate afforded communications mediums, glaring safety and security deficiencies that I observe in my workplace. We have a conflict of interests in this matter. His policies force me to compromise my safety and security policies. The communication processes have broken down. Post-9/11 global political issues have forced me into the political arena. I do not want to be a politician. I want to be a pilot.

We are not steerage-class passengers on the Titanic. Knowing what I know to be true, I cannot look my crew and passengers in the eye in good conscience and continue to perform my duties as Captain without taking positive and corrective political action. I am in a position of control, influence, personal experience and knowledge to assist in effecting a favorable outcome to this situation. I will not just walk away or put on blinders. To do so would be just as immoral and cowardly an act as being an accomplice in this distasteful parody. The once-muffled, collective voice of airline employees will be heard. The truth will be told. Justice will prevail. ALPA will not be implicated.

In the noble and heroic names of Vince Saracini, Jason Dahl, Leroy Homer, and Mike Horrocks I will act. To do otherwise is a disgrace to their memories.

To be a guilty silent partner in a nightmarish, gangster-like extortion scheme that results in gambling with human lives wherein I readily accept remuneration for my involvement, even under duress, would be akin to accepting “blood-money” for my participation. I do not work for “blood-money”; not even in retirement. I will attempt, yet another time, to effect change in the name of safety and security. If unsuccessful, I will leave with or without retirement. I WILL NOT GO SILENTLY.

How many more future hull losses and memorial services will we have to endure before someone of conscience and conviction with moral strength and courage, stands up and unequivocally identifies the immorality and illegality of this nightmare without regard to personal or financial consequences of their action?

If, in the end, physical or economic harm were wrought on me as a result of my participation in these efforts, I can only say, as a lifetime pilot, to endure such a tragic conclusion to a 35-year career in aviation in the name of safety and security of humankind, would be such a phenomenally romantic and poetic final loving gesture and grand finale as I could ever possibly imagine in my grandest dreams.

Remember, Mark, I speak from my aviation soul. No physical, emotional, political, or financial harm can ever come to a man’s soul. The soul from whence I speak is that of a pilot’s. It represents the moral high ground. I cannot lose. I am not Don Shimoda. Reluctance was never one of my weaknesses. The only “Illusion” is the current aviation security system. Thank you, Richard Bach.

Words cannot express my sincere and heartfelt gratitude to you, your wife and your children for years of selfless sacrifice and dedication to the Air line Pilots’ Association, its’ members, and to aviation safety and security interests. I, for one, through my career-long association with you, realize and greatly appreciate the intensity and depth of your involvement. Thank you, Mark.

I do not play politics with other peoples’ lives.

Always,

Your friend and brother pilot,

Captain Dan Hanley

cc: Mr. Bob Nichols, ALPA Atty-at-Law
Captain Al Merone, Vice-Chmn-Council 52
Captain Joseph Genovese, Sec/Treas. Cncl 52

The case of Jeffrey Talon