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Airline Whistleblower Dan Hanley Asks The Obama Administration Once Again Why No One Will Investigate The United Airlines Bankruptcy
From Betsy Combier: We have followed Dan's incredible documentation of the UA bankruptcyon this website, and have to ask: "Why aren't you pursuing justice for this man, Dan Hanley?"
          
August 26, 2010
P.O. Box 3231
Peachtree City, Georgia 30269

Mr. Brian D. Lamkin
Special Agent-in-Charge
Federal Bureau of Investigation
Department of Justice
2635 Century Parkway N.E., Suite 400
Atlanta, GA 30345

SUBJ: ATLANTA SEC INVESTIGATION OF UNITED AIRLINES BANKRUPTCY

Dear Mr. Lamkin,

I write to you today at the suggestion of the offices of the U.S. Attorney General Eric Holder, former Assistant Attorney General John Keeney, Department of Justice Assistant Director – Criminal Division Kenneth Kaiser, Department of Justice Assistant Chief – Labor Management Racketeering Organized Crime and Racketeering Section Gerald Toner, and FBI Director Robert Mueller.

After over three years, the Securities and Exchange Commission Inspector General H. David Kotz acknowledged that the SEC should have investigated my Sarbanes-Oxley (SOX) allegations submitted to the SEC in October 2007. The Atlanta office of the SEC is currently reviewing materials pertaining to this case. I am presently in phone and email contact with SEC Assistant Director Matthew McNamara regarding these matters and have provided his office with contact information for witnesses who possess information pertaining to this case and have provided the same to you with this letter as specified below. Mr. McNamara may be reached at (404) 842-7688 for additional consultation. Additionally, Ms. Debbie Hampton, the Atlanta SEC senior investigative attorney and I have exchanged emails and I have spoken to her once on the phone.

My reasons for writing to you today are thus. Since April 2006 I have petitioned legal and political support from the President of the United States, Department of Justice, relevant congressional committee chairmen, and other branches of government leading to an investigation into my SOX allegations, including the questioning of available witnesses and criminal informants.

On July 16, 2010 I spoke on the phone with the Atlanta FBI intake agent for the purpose of filing a federal complaint in hopes of your office coordinating your legal investigation of alleged violations involving white collar criminality in this case. I was very much heartened in reviewing your sterling resume in this field of criminal investigation. The agent I spoke with would not provide me with a complaint number for my case, nor would he offer his name to me.

One week later, I once again phone contacted your office and spoke with the intake agent on duty who assured me that my case was on computer file, but could not affirm that your office would be opening my case for investigation.

Last week, a key witness in this case had phone-contacted your office to provide additional evidence and was advised to contact the Chicago FBI office with the information. The Chicago FBI office had already informed me face-to-face in February 2009 that the Department of Justice did not intend to prosecute my case.

Since President Obama has been made aware of the details since November 2006, last February, after having personally paid a visited to the office of Chicago FBI and written Chicago FBI Special Agent-in-Charge Robert Grant, I also wrote Attorney General Eric Holder on the same date regarding my concern for this apparent miscarriage of justice and his office deferred the letter to the DOJ Assistant Director – Criminal Division Kenneth Kaiser, who in turn deferred my case to your office.

Not being satisfied with this lackluster circular response, in February 2009 I phoned FBI Headquarters in DC asking to speak with Mr. Kaiser, but was transferred to one of his assistants that insisted that I refer my case to the Atlanta FBI Office.

A review of the enclosed letters to FBI Chicago Robert Grant, Attorney General Eric Holder, a joint SEC – DOJ letter, and the letter to the president will clarify the lengths that I have gone through for DOJ interrogation of witnesses. Your good office comes well recommended and is the final stop in the long journey traveled by me the past four years as a federal whistleblower.

Because I had requested witness protection for key federal whistleblower informants in October 2007, given the less than 2% probability of success in these cases coupled with the ‘untimely deaths’ of key witnesses in high profile cases, there are those who are timid to step forth to provide information relevant to this case. This is totally understandable in light of the trials and tribulations of Bernie Madoff whistleblower Harry Markopolos, and the current demise of UBS whistleblower Bradley Birkenfeld who is currently imprisoned for his honesty. As you well know, there are others.

In support of President Obama’s promise of a greater openness of government with enhanced protection for federal whistleblowers, after over four years, and on behalf of the many global members of the Whistleblowing Airline Employees Association, request is hereby made that your office open this investigation with SEC Atlanta coordination for the purpose of interviewing the witnesses below who may have important and relevant information regarding my SOX filing of 2007. By clicking on the hyperlinked names and titles copied below on this email, you may obtain background information on each individual listed.

I am presently abroad, but am planning a return stateside shortly and would be more than happy to visit your office to discuss with your agents the particulars surrounding my involvement as national public spokesperson for the Whistleblowing Airline Employees Association. As with so many other federal whistleblowers in this country, my entire life has been devastated by this ordeal, including career, reputation, family, and finances. If justice is to be truly served in this case, then in keeping with their mission statement, the Department of Justice must prosecute this case.

" To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."

Department of Justice Inspector General Glenn Fine’s office claims that they do not have jurisdiction in matters such as these. With the ongoing Atlanta SEC investigation of my allegations that includes RICO violations, which implicates your white collar criminal division, I would suspect that your office does, in fact, have both jurisdictional and mission-related responsibility to investigate this matter. Georgia Senator Saxby Chambliss made the same claim over two years ago.

The Atlanta FBI office comes highly recommended from the top law enforcement officials in the country. With your experience in white-collar criminal investigations, while recognizing that the Department of Justice antitrust division must review all outstanding litigation and ongoing investigations prior to approval of airline mergers, given that the United and Continental Airlines merger agreement is under review, it is hereby requested that the Department of Justice commence an immediate investigation of outstanding allegations prior to approval of the above mentioned merger of these two airlines.

Again, it is respectfully requested that your fededal agents review the linked names below for additional information. Although your office may feel that aviation related matters extend outside your jurisdiction of investigation, in 2003 I alleged that RICO laws were violated, which resulted in my termination of employment at United Airlines. The Department of Transportation Inspector General’s office refuses to investigate these claims, but I do believe that the Department of Justice has authority and responsibility to investigate these claims, which if proven does jeopardize the traveling public through suppression of airline pilot whistleblowers.

Very respectfully,

Captain Dan Hanley
National Public Spokesperson
Whistleblowing Airline Employees Association

Encl: Letter dated February 6, 2009 to Attorney General Eric Holder

Letter dated February 6, 2009 to Chicago FBI Special Agent-in-Charge Robert Grant

Letter dated May 8, 2009 from DOJ Kenneth Kaiser

Joint Letter dated January 31, 2010 to SEC and DOJ

Cc: President Barack Obama

The Honorable Glenn Fine – Inspector General, Department of Justice

The Honorable Eric Holder – Attorney General of the United States

The Honorable Robert Mueller – Director, Federal Bureau of Investigation

The Honorable Lanny Breuer – Assistant Attorney General, Criminal Division

The Honorable H. David Kotz – Inspector General, Securities and Exchange Commission

The Honorable Mary Shapiro – Commissioner, Securities and Exchange Commission

The Honorable Eric Thorsen – Inspector General, Department of Treasury

The Honorable Gordon Heddell – Inspector General, Department of Labor

The Honorable Rebecca Anne Batts – Inspector General, PBGC

The Honorable Calvin Scovel – Inspector General, Department of Transportation

Senator Patrick Leahy – Chairman, Senate Judiciary Committee

Congressman John Conyers, Jr. – Chairman, House Judiciary Committee

Senator Charles Grassley – Ranking Member, Senate Finance Committee

Senator Byron Dorgan – Chairman, Senate Aviation Subcommittee

Senator Johnny Isakson – Member, Senate Aviation Subcommittee

Senator Saxby Chambliss – Georgia U.S. Senator

Congressman Jerry Costello – Chairman, House Aviation Subcommittee

Congressman Lynn Westmoreland – Member, House Aviation Subcommittee

Congressman George Miller – Chairman, House Pension Committee

Congressman Eldolphus Towns – Chairman, Government Oversight Subcommittee

The Honorable Randy Babbitt – Administrator, Federal Aviation Administration

Captain John Prater – President, Air Line Pilots Association International

Matthew McNamara – Assistant Director, Atlanta SEC

Debbie Hampton – Senior Attorney, Atlanta SEC

Tom Devine – Legal Director, Government Accountability Project

 
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