Wednesday, July 14, 2010

Sarbanes-Oxley Judicial Whistleblower Michael Lynch Is Going To Jail

Sarbanes-Oxley Judicial Whistleblower Michael Lynch Is Going To Jail

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 it with our global friends.



Captain Dan Hanley

National Public Spokesperson

Whistleblowing Airline Employees Association

Never Forget!

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