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2009 Email to DOE Under Secretary Steven E. Koonin, Office of
Science [Re: Madoff,
oversight Securities & Exchange, security threat classified info,
research misconduct] -----
Original Message ----- From: Philip
Pulver To: Steven Koonin Cc: William Brinkman[DOE-SC] ; Friedman,
Greg [DOE-IG] ; Glenn Podonsky[DOE-Security] ; Gerald Boyd [ORO]
; Michael Weis [PNSO] Sent: Monday, November 23, 2009 12:06 AM Subject: Pending PNNL Rebid & ORNL Rebid/Renew
Impacted [Tainted]; Office of Science
Financing/Advising Battelle-PNNL Litigation
Fraud/Perjury [Radiation Portal Monitor Project]; DOE/Battelle v.
SEC/Madoff; Defying President's Small
Business Support Attachments:
Compilation-ExhibitDocsOverviews.pdf ; 3-RPMP-BattelleMisrepresentationToCourt.pdf This information & evidence of Battelle's fraud, abuse, false
statements [18 USC §1001], and other violations of US Code is being provided to those with
the authority to act in the public interest. CCOL Inc. 2415
South Garfield St. Kennewick,
WA 99337 (509) 586-3051 November 23, 2009 Dr. Steven E. Koonin Under Secretary for
Science Office of Science U.S. Department of
Energy Dear
Under Secretary Koonin: I bring to your attention documented
evidence of ongoing Battelle-PNNL fraud/abuse and site office conduct
that’s relevant to the PNNL rebid and DOE’s pending decision to
rebid/renew ORNL. As cited below, DOE site offices [ORO & PNSO] are “advising”,
“overseeing” and funding Battelle’s litigation fraud and
perjury, e.g., research misrepresentation to conceal evidence of misusing [skimming] PNNL’s Technical Assistance
Program
[TAP]
by withholding research [software] from small business
TAP recipients and then pursuing its corporate/commercial/venture
opportunities. [Background
on my five-year lawsuit is below.] PNNL documents, deposition testimony and court filings implicate
Battelle in the following: Withholding
TAP-funded research from intended recipients - False
Claims [31 USC §3729]; False Statements to DOE
& USPTO [18 USC §1001]; False Declarations [18 USC §1623]; Perjury [18 USC §1621]; and
disregarding 10 CFR 710 [Access to Classified Material].
These violations are substantiated by Battelle evidence cited in (i) 2008 emails [below] to prior DOE Science
Undersecretary Orbach and (ii) Extensive evidence site which includes the attached Compilation Summary.
As I stated to Dr. Orbach
& Devon Streit, all evidence substantiating the allegations is
from Battelle/DOE. For these and other reasons cited below, the
upcoming PNNL rebid and ORNL rebid/renew are tainted [not objective]. Unless PNSO & ORO cease covering up the misconduct,
DOE’s awarding PNNL [and/or ORNL] to Battelle will be a “pre-determined
result” which will trigger bid protests, GAO investigations, and
lawsuits by losing bidders that spent millions competing in good faith. Furthermore, to ensure an objective [level-playing field] bid process, DOE must direct Battelle to redress/recant
its litigation fraud/perjury [research falsification], conduct that would disqualify any
other bidder. These
excerpts from the evidence
site provide background for information
in this email: • Catalogs OnLine Inc. & Pulver v.
Battelle Memorial Institute [Federal Case CV-05-5028-RHW]. A 2009 article on the case is at http://www.thenewstribune.com/1201/story/832132.html [Kennewick inventor battles Battelle in
court] • Pulver is suing Battelle for misusing DOE’s Technical Assistance Program [TAP] by withholding the TAP-funded Mobile
Data Manager [MDM] software from his small business.
He was granted worldwide exclusive commercial license to market, sell & develop follow-on versions. MDM enabled handheld
users [Palm, Pocket PC, BlackBerry...] to communicate with any standard
database or other source; see Description. • On 8/29/03, Battelle delivered a non-working MDM
version to him. Their evidence
[documents, testimony & code] and experts confirm that
Battelle kept the working version
for which they nominated for R&D
100 Award, further developed, patented and commercialized. In 2008, when
Battelle asserted the right to deliver
“zero” after admitting a working version existed in
May 2003, the judge called that “ridiculous” and • Evidence shows the DHS Radiation Portal
Monitor Project [ • In 2003, Pulver filed a complaint [Battelle misusing TAP] with DOE-OIG which later closed the case after relying on
Battelle’s representations subsequently shown false by PNNL documents & testimony. His lawsuit was filed in February 2005. Battelle’s legal costs charged to taxpayers thru 2008 is
$750K and will likely exceed $1M by trial.
This email consists of the following sections: 1.
Critical Concerns/Issues – Ongoing Violations & DOE [Office of
Science] Conduct 2.
Waiving Oversight – DOE/Battelle & SEC/Madoff [DOE Conduct vs. SEC’s] 3.
PNNL Rebid & ORNL Rebid/Renew:
Tainted by Ongoing 6-Year Battelle/DOE Cover-Up 4.
Battelle & DOE-Science Defying President Obama’s
Support of Small Business 5.
Closing – Summary Points ========================================================================================== 1. Critical Concerns/Issues - Ongoing
Violations & DOE [Office of Science] Conduct It’s necessary for DOE to properly
address the following issues/concerns to (i) Ensure an
objective/untainted PNNL rebid [and ORNL rebid/renew] and (ii) Avoid
protests/lawsuits by losing bidders claiming “pre-determined
result” when DOE awards the labs to Battelle while/after funding and coaching litigation fraud/perjury to cover up
Battelle’s misconduct that would disqualify any other bidder: · Battelle Actually Asserting Right to Misuse/Defraud
Technical Assistance Program [TAP] – Battelle admits the
TAP-funded MDM software was operable & functional 3 months before delivering the non-working
version to Pulver. In a 2008 hearing and despite this key admission,
Battelle made the stunning assertion that it still had the right to deliver
an unworkable version, “zero”, “less than a Barbie
doll”. See Document [#1
& #1A].
The
judge called that
“ridiculous” and denied their motion to dismiss. Battelle is thus asserting it can (i) Misuse DOE’s Technical Assistance Program as a “feeder
fund” for its
corporate/commercial ventures and (ii) Withhold/pocket research [software] from small businesses for whom
DOE had specifically paid Battelle to develop [and violate False Claims Act]. These assertions confirm their
evidence of two 2003 MDM versions: Non-working [Delivered to Pulver] and Working
[Battelle pocketed
& nominated for awards]. ·
Small Business Entrepreneur Undercut – ORNL
scientists have stated that the fraud/exploitation against my small business
illustrates Battelle’s predatory commercialization/venture practices
that are likely being inflicted on entrepreneurs in the Oak Ridge Corridor
and Tri-Cities WA. Notably, Knoxville News Sentinel reporter Frank Munger asked "Did Battelle undercut entrepreneur?"
Evidence repeatedly shows Battelle did. [Note, Battelle was illegally pursuing its “own” MDM licensing
deal with a Fortune 500 firm when it
delivered a non-working version to Pulver on 8/29/03.] · National
Security Breach [Classified Access] – In 2009, the judge ruled Battelle evidence [if jury finds credible] confirms that PNNL Q-clearance
holder Kevin Dorow withheld DOE/TAP-funded software from Pulver’s small
business. Therefore,
a federal court has ruled that Dorow’s fraud and “extortion” is an issue of material fact for
trial. Meanwhile, documents show his accessing classified material at ORNL, PNNL, LLNL & FBI/Quantico. By refusing to suspend his
clearance due to this “derogatory information”, DOE is violating 10 CFR 710 [Access to Classified
Material -
Excerpts: "Any doubt as to an individual's access authorization
eligibility shall be resolved in favor of the national
security"..."access... suspended pending the final determination"(e.g., jury)]. This may embolden
Battelle to suborn fraud/perjury by top-secret clearance holders at other
sites when “needed” to protect corporate interests [domestic/foreign]. · Falsifying RDADS Software to Hide Evidence – Since 2006,
Battelle’s Dorow
and DOE-funded counsel Miller have misrepresented DHS-RPMP as RPMP having funded “new and different” software [RDADS] that’s irrelevant to MDM and thus “must” be concealed. This misrepresentation [refuted by evidence of RPMP
enhancing MDM that Battelle renamed RDADS (“new code”) after adapting MDM to BlackBerry] misled the court to block
evidence [RPMP MDM versions] of Battelle withholding TAP-funded software from Pulver. RDADS versions of MDM were developed at PNNL & ORNL [air cargo screening].
Battelle’s
RPMP/MDM/RDADS misrepresentations
and their evidence refuting them are in the Documents & PNNL Testimony sections. · Concealing Commercial Investment [RDADS] from Court – Documents produced
in 2008 refute Dorow and attorney Miller’s 2006 denials of
Battelle’s 2005 RDADS investment in
developing an RDADS/RFID version [“TagCONNECT“], which represents
mobile software technology that Battelle Ventures also
invested $15.5M [2006-07].
See Documents
[#4]. By concealing the 2005 investment [commercialization], Battelle deceived the court into blocking critical
evidence of its violating Pulver’s exclusive MDM license [to
derivative versions (RDADS)] which would endanger Battelle
Venture’s investment.
Many will ask if this was motive for Battelle’s lying to the
judge. · DOE-ORO Office of
Chief Counsel [Carter] Overseeing/Advising Litigation Fraud – In a 5/6/09 phone call with
Pulver, Dationa Carter explicitly stated that
she’s been “advising” and “overseeing”
Battelle’s litigation. Her statements,
in conjunction with Battelle and DOE-funded Miller’s ongoing
misrepresentations [RPMP &
commercial investments], confirm that PNSO & ORO [DOE site offices]
are funding/directing Battelle to make false declarations & commit perjury to
mislead the court into blocking evidence of Battelle’s misusing
DOE’s Technical Assistance Program [False Claim], defrauding small business
and, as cited below, misrepresenting inventions to the patent office. · PNSO Knowingly Financing Litigation Fraud –
Also verifying site office complicity in Battelle’s wrongfully
concealing evidence is PNSO Manager Julie Erickson, who told Pulver in May
that (i) Dationa
Carter is their “advisor” on the litigation and (ii) PNSO will continue paying
Battelle’s legal fees despite evidence of litigation fraud/perjury [research
falsification...]. Her statements show that
Battelle’s keeping PNNL is pre-determined despite that DOE will solicit
others to spend millions bidding PNNL.
[In a 2006 PNSO memo promulgating DOE Order 221.1 [to report fraud/abuse], Ms.
Erickson didn’t disclose to staff that DOE funds/directs litigation
fraud against those coming forward who later sue Battelle due to
retaliation.] [Per Order 221.1, complaints have
been filed against Carter & Erickson for funding/advising/suborning
Battelle’s litigation fraud & perjury.] · Misrepresenting Inventions to Patent
Office [USPTO] – In
depositions, Battelle staff explicitly testified/admitted to the following
conduct at PNNL: (i) Practice
of rewriting/renaming old inventions and calling them “NEW” to
evade/reset statutory patent deadlines [“timeframes”]; (ii) Applying for a patent on 2005
RDADS [“NEW”] invention that’s actually
the TAP-funded 2002 MDM inventions developed for Pulver’s small
business, per his specifications. See the Misrepresentation to USPTO section. Battelle was
patenting at PNNL decades before
managing ORNL, INL, etc.; such misrepresentations may not be confined to
PNNL. · Implications
of DOE Funding/Advising Battelle Litigation Fraud/Perjury – The following pervasive impacts explain why the article
on this case was picked up by news feeds nationally & abroad: – Tainting and precluding objectivity
[level-playing field] of DOE rebidding PNNL and
pending decision to rebid/renew ORNL. – Showing that PNSO & ORO retaliates against those
complying with DOE
Order 221.1 [reporting fraud, false statements,
false claims...] – Emboldening Battelle to engage in
commercialization/venture-motivated fraud/abuse at PNNL, ORNL, INL, DHS
National Biodefense
Analysis & Countermeasures Center, Fort Detrick,
etc. – Granting Battelle license to exploit/misuse small
business technical assistance [TAP] as a Madoff-like “feeder
fund”
for corporate ventures. – Confirming litigation fraud/perjury [research
falsification] as allowable expense to cover up Battelle’s civil or
criminal misconduct. Small businesses, Congress, scientists and others will demand to
know why DOE Office of Science has (i)
Ignored prima facie evidence of Battelle’s fraud/abuse of DOE
assistance programs for small business (ii) Continued funding/coaching Battelle’s
litigation fraud [e.g., misrepresenting DHS-RPMP] in a cover-up shortly before PNNL
rebid & ORNL
rebid/renew. [Note: Battelle’s prior fraud case [Laul] also gained national attention, e.g., NBC News [Fleecing of America] and Congressional
Record (Excerpt: “Battelle...lied
to the Energy Department in a cover-up...IG report recommended criminal sanctions...for `theft, conspiracy and false
statement.’”). See also DOJ
(Statement re: Battelle’s False Claim)] The 2008 emails delineate evidence of other
Battelle conduct pertaining to the following:
Threat to small businesses & universities; research integrity/reputation;
false statements to DOE/OIG; thwarting whistleblower laws; corporate conflict of
interest & PNNL Use Permit; IG
previously recommending “criminal sanctions”; DOE-funded counsel
prior firm sanctioned by WA Supreme Court for misconduct [concealing toxicity evidence]; staff risks in
health, safety or wrongful death lawsuits; and, other impacts of DOE spending
nearly $1 million in a six-year cover-up by tax-exempt Battelle which operates half the national labs, a near-monopoly costing taxpayers
billions annually. 2. Waiving Oversight – DOE/Battelle & SEC/Madoff [DOE
Conduct vs. SEC’s] Sources
reveal direct parallels between SEC/Madoff and DOE/Battelle,
and further explain why DOE is abdicating its statutorily-mandated oversight
of Battelle. And, there are key
differences showing DOE’s conduct as being more egregious than the
SEC’s. Together, similarities & differences confirm
that DOE is (i) Enabling Battelle to
act as a “Madoff of national labs” [re: technical assistance &
ventures] and
(ii)
Providing a “litigation defense fund”
[at taxpayer expense] for
Battelle to direct/suborn its scientists to misrepresent research [under
penalty of perjury] and conceal smoking-gun evidence
when sued for defrauding small businesses, universities, et al. 2.1 Differences – Unlike SEC, DOE
Funding & Covering Up Fraud While
SEC was denounced for ignoring allegations
of Madoff’s fraud, DOE’s conduct [re
Battelle] is worse because its officials: – Ignored
and dismissed actual evidence
of fraud [Battelle/DOE/USPTO documents & testimony] – Funded/directed litigation fraud/perjury to conceal misconduct
by Battelle that runs 5 national labs, earns millions in royalties from DOE
research,
oversees top-secret (Q) clearance holders, and is required by Congress
to assist [not undercut] those working with the labs, e.g., small businesses
and entrepreneurs whom President Obama has
declared vital to economic recovery. –
Concealed misconduct with much broader impact than Madoff because it
effects research integrity, national security, obstruction of
justice
[perjury...concealing evidence], misappropriation of taxpayer funds,
whistleblowers, staff health/safety, etc. Unlike Madoff and as cited above, Battelle has a prior fraud finding [Laul] that DOE ignored. That case [costing
taxpayers $1M] is a
key reason for the
ongoing [DOE] cover-up in this case; namely, Battelle’s having two [multiple] fraud incidents would strengthen losing bidders’
claims that Battelle’s keeping PNNL & ORNL were pre-determined results [Corrupted]. 2.2 Similarities
– Sources: SEC/Madoff Parallels
with DOE/Battelle Situation In DOE/Battelle and SEC/Madoff, defendants possess(ed) these
traits: Reputation, Stature, Expertise, Innovation, Prominence & Influence. Managing
national labs for decades, commercializing/patenting inventions and serving
on lab advisory committees, Battelle’s prominence in research
and with DOE officials is undisputed. Similarly, undeniable was Madoff’s stature on Wall Street and with regulators
which [per sources] enabled
him to elude SEC scrutiny for years until he confessed; and, the SEC and DOE
each sought Madoff and Battelle’s expertise respectively. The
following SEC/Madoff excerpts [emphasis added] clearly correspond/apply to the DOE/Battelle
relationship and to this six-year case whereby DOE ignored many red flags and credible evidence substantiating the
allegations: Excerpts –
Media: Reasons SEC Missed/Overlooked
Madoff http://www.reuters.com/article/businessNews/idUSTRE4BG6US20081217 SEC staff saw Madoff as a voice of authority “Wall Street veteran
Bernard Madoff may have escaped the
attention of U.S. Securities and Exchange Commission staffers for one simple reason – they saw him as one of
their own. The former Nasdaq
Stock Market chairman regularly made
appearances at the SEC, serving on agency
advisory panels, where he was widely regarded as a sage markets expert” [12/17/08] http://www.washingtonpost.com/wp-dyn/content/article/2008/12/15/AR2008121502971_pf.html SEC Didn't Act on Madoff Tips “Madoff...helped to create Nasdaq,
the first electronic stock exchange, and advised
the SEC...large campaign contributor and a familiar of senior regulators. "Bernie had a good
reputation at the SEC with a lot of highly
placed people as an innovator...valuable resource...on things like
market data," said Donald C. Langevoort, a Georgetown
University law professor who specializes in securities regulation and served
with Madoff on an SEC advisory committee.” [12/16/08] http://www.businessweek.com/magazine/content/09_02/b4115024163467.htm
How Madoff Is Burning the
SEC “regulators
initially suspected...a Ponzi scheme perpetrated by the three firms. When investigators learned the money had
been funneled to a Wall Street titan,
Madoff, they became less concerned about outright fraud...Rather than viewing Madoff as a scofflaw,
regulators called on him for his expertise... Arthur Levitt, Chairman of the SEC from 1993-2001, has said publicly he consulted with Madoff during his
tenure.“ [12/31/08] Excerpts – September 2009 SEC
Inspector General Report with SEC Testimony http://www.sec.gov/news/studies/2009/oig-509.pdf - Investigation
of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme “The OIG
investigation also found the
Enforcement staff was skeptical
about Markopolos’
[whistleblower] complaint because Madoff did not fit the “profile”
of a Ponzi scheme
operator, with the branch chief...noting...“an inherent bias towards sort of people
who are seen as reputable members of society.” [Pg. 36] “Examiners...aware of Bernard Madoff’s stature
in the securities industry...that Madoff’s
firm “was very prominent”...served on various industry committees, was a well respected individual...SEC
examiners used an NASD manual with Bernard Madoff’s
name in it...stated...because of [his] reputation...may not have been any thought
to look into Madoff’s operation any
further.” [Pg. 50] “examiners
recalled OCIE [Office of Compliance Inspections and Examinations] telling them Madoff was a powerful and well-connected individual... interpreted the statement to raise a concern for them about
pushing Madoff too hard...testified...supervisors at the SEC appear to have been reluctant to push issues against influential
people” [Pg. 199] After
Madoff confessed, Lamore
[Examiner] reflected in an e-mail with...Enforcement Assistant
Regional Director,
about why they were unable to uncover the
fraud...stated, “Our hesitancy toward rocking the boat also is something
that should be reconsidered.”...acknowledged at the senior
levels of the SEC, the hesitancy towards rocking the boat may be even more pronounced with
respect to someone like Bernie
Madoff,
who’s a well-known person in industry...easier to be more aggressive when you are examining
a “penny-stock firm” rather than, for
instance, Goldman Sachs...“very difficult” for someone in his position “to tell Bernie Madoff that he’s a liar.”” [Pg. 387] Congress: Senator Grassley [Finance
Committee, Ranking Member]: Comments
on IG SEC/Madoff Report http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=22814
“The SEC's utter failure to follow-up
aggressively on detailed and specific information about Madoff's fraud is
further evidence of a culture of deference toward the Wall Street elite at
the SEC." Congress: Rep. Ackerman [D-NY]:
Excerpt of Hearing on SEC Ignoring Whistleblower Markopolos’
1999 Report on Madoff Fraud http://www.youtube.com/watch?v=FOKSkaQoF_I&feature=related
Madoff
[2007]: “I'm very close
with the regulators.” – http://www.youtube.com/watch?v=mMQTiD-FAlw&feature=fvw In summary, sources show that underlying factors/situation for
the SEC/Madoff debacle are eerily similar/identical to DOE turning a blind eye and not holding Battelle accountable for ongoing fraud and other violations, shortly before two national labs are re-awarded. 3. PNNL Rebid & ORNL Rebid/Renew: Tainted by Ongoing 6-Year
Battelle/DOE Cover-Up 3.1 Bid Protests or Lawsuits Looming at PNNL Battelle’s
ongoing DOE-funded litigation fraud will trigger bid protests, lawsuits, media/watchdog
scrutiny, and/or GAO investigations when Battelle is
awarded PNNL. Losing bidders, after spending millions competing in good faith,
will conclude that Battelle’s
keeping the lab was a pre-determined because DOE
site offices funded a cover-up of the following misconduct that would
disqualify any other bidder: Misrepresenting PNNL’s largest
project [ and perjury by
Q-clearance holder accessing classified work [e.g., DHS air cargo explosives
detection]; patent fraud; obstruction of justice; and, other violations contrary to managing
a national lab. 3.2 DOE
Condones Using Technical Assistance Programs as Feeders for Battelle’s
Corporate Ventures By willfully ignoring evidence and funding/overseeing this
cover-up, Office of Science emboldens Battelle to intensify its predatory
tactics against those very organizations that DOE encourages to work with national labs,
i.e., small businesses, entrepreneurs,
inventors, universities & industry. This contravenes Congressional mandates for DOE to constructively
engage small businesses to partner with [license,
technical assistance, CRADA] the national labs, including five run
by Battelle. This ongoing litigation
fraud/perjury also undermines “day in court” whistleblower
protections [e.g., §629 of 2005 Energy Policy Act] that have bi-partisan support in Congress; soaking US
taxpayers, Battelle will outspend whistleblower plaintiffs. Evidence and officials’
statements to Pulver consistently confirm that DOE has granted Battelle
license to exploit these government programs as “feeders” to illegally
capture proprietary information, skim intellectual property resulting from
technical assistance, and then force taxpayers to fund litigation fraud/perjury when
sued by those victimized. This raises the valid
concern that DOE is aiding/abetting Battelle to be the “Bernie Madoff of national
labs” [ORNL, PNNL, INL, BNL
& NREL] regarding inventions,
commercialization ventures, intellectual property, patenting and other issues effecting these
organizations dealing with Battelle. 3.3 Battelle/DOE
Violating Federal Rules of Civil Procedure [FRCP] to Conceal Evidence Until Battelle complies with FRCP [Rule 26 (Duty to Disclose; General Provisions
Governing Discovery)], their ongoing litigation fraud/perjury
precludes an objective/untainted re-compete of PNNL & ORNL[or renew]. Cited above, DOE-ORO Office of Chief Counsel
is advising & overseeing the litigation which includes DOE-funded counsel Miller
who’s violating his duty as “officer of the court” by (i) Deceiving/misleading the court regarding discovery to conceal evidence [e.g., RPMP versions of
TAP-funded MDM] (ii) Refusing to recant
his and Dorow’s material misrepresentations that were later proved false by [Battelle]
evidence; see the Testimony, Documents and Derivative [RDADS=MDM] sections. Unless this litigation fraud/perjury [discovery abuse -
withholding evidence] is rectified/recanted, this case will likely be appealed to
the Ninth Circuit Court of Appeals, at much greater expense to
taxpayers [not 501(c)3 Battelle] with a cumulative
cost nearing $2,000,000. 4. Battelle & DOE-Science Defying President Obama’s
Support of Small Business By funding and willfully inflicting
litigation fraud/perjury against my small business [and a federal judge] to conceal
Battelle’s illegal misuse of PNNL’s Technical Assistance Program, DOE Office of
Science is flagrantly defying the President’s publicly-stated advocacy
for small business, entrepreneurs and whistleblowers. Their ongoing six-year cover-up to
protect/advance billion-dollar Battelle’s corporate interests-ventures
directly flies in the face of Mr. Obama’s
repeated assertions that small business and entrepreneurs are critical to
economic recovery and deserve the government’s support: http://www.whitehouse.gov/the-press-office/remarks-president-economy-jobs-forum [11-12-09] “in December [2009], we’ll be holding a forum
at the White House on jobs and economic
growth. We’ll gather CEOs and small business owners, economists and
financial experts, as well as representatives from labor unions and nonprofit
groups, to talk about how we can work
together to create jobs and get this economy moving again.”
“President
Barack Obama spoke of how important
small businesses are to the economy and described the steps his administration is taking to
support them. “Small businesses have always been
the engine of our economy – creating 65 percent of all new jobs
over the past decade and a half – and they must be at the
forefront of our recovery...Our economy as a whole can’t move ahead if small businesses and the middle class
continue to fall behind. “We know that if we put the right rules and incentives in place, we will unleash the creative power of our best scientists and engineers and entrepreneurs to build a better
world. And so many nations have already taken the
first step...But the journey is long and the journey is hard. And we don't have much time left to make that journey.” http://www.whitehouse.gov/the_press_office/News-Conference-by-the-President-3-24-2009
But one of the most
important lessons to learn from this crisis is that our economy only works if
we recognize that we’re all in this together ...At the same time, the rest of us can't afford to demonize every investor
or entrepreneur who seeks to make a profit. That drive is what has always fueled our prosperity, and it is what will
ultimately get these banks lending and our economy moving once more. · Congress,
watchdogs, media, scientists and others will demand to know why DOE Office of
Science is (i) Funding litigation fraud/perjury to conceal Battelle’s
misuse of the PNNL Technical Assistance Program [TAP] by
“pocketing” DOE-funded research from DOE’s intended small
business recipients, (ii) Covering up
Battelle’s misconduct just prior to rebidding
PNNL & ORNL [Battelle is incumbent], (iii) Condoning
Battelle’s using DOE programs [e.g.,
TAP] as Madoff-like “feeder
funds” for corporate/commercial ventures and defrauding small business,
(iv) Soaking taxpayers $750K for misconduct, e.g., top-secret
clearance holder falsifying RPMP [Radiation
Portal Monitor Project], (v) Defying
President’s objective of supporting small business [e.g., convening Dec. 2009 economic/jobs summit], (vi) Misrepresenting
inventions to the patent office [USPTO], (vii) Ignoring
Dorow’s fraud [skipping polygraph] and emboldening other Q-clearance holders to conceal
misconduct. · Not only did Battelle illegally withhold DOE-funded research [False Claim] and deliver a non-working MDM version to Pulver’s small business, it also asserted the right to deliver “zero” despite admitting that the TAP-funded working version existed; two 2003 TAP-funded versions exist. As he wrote to OIG, Congress didn’t appropriate
funds for Battelle to “assist small businesses and engage in predatory
tactics to undercut them when the resulting technical assistance work has
commercial value”. By
withholding critical functionality [intellectual property], Battelle prevented
his nationwide team from selling MDM and paying royalties to DOE, thereby
financially damaging the government. · Top-Secret (Q) clearance holder Dorow is
misrepresenting DHS-RPMP to withhold critical evidence and prevent software code
comparison of RPMP-funded MDM versions with the non-working version delivered to Pulver. Such examination would further confirm
Battelle withheld the TAP-funded working version from his
small business, made false declarations, committed perjury, made false
statements to DOE and USPTO [RDADS], and misled firms or investors signing agreements on derivative
MDM versions [e.g., RDADS]. See Derivative & Documents
[#3 – #5]. · Congress has been
concerned/outraged that DOE reimburses litigation costs for wrongdoing
contractors. [GAO Report d04148r] In this case, DOE
Office of Science [PNSO & ORO] has gone a giant step further by
funding Battelle and attorney Miller to willfully misrepresent research [RPMP], hide commercial investments, and
invoke other litigation fraud/perjury to conceal smoking-gun evidence. [See Document [#5] also citing Miller’s
prior firm sanctioned for similar discovery abuse, i.e., withholding toxicity
data on a drug causing brain damage to a 3-year old.] With this ongoing
cover-up, DOE
has set a precedent that jeopardizes others who may later file lawsuits for
injury, illness, cancer, toxic or radiation exposure, hostile work
environment, wrongful termination [whistleblower] or other causes of action due to
Battelle’s negligent or tortuous conduct at PNNL, ORNL and other Office
of Science labs. · Sources show distinct parallels between DOE/Battelle and SEC/Madoff. However, DOE conduct is more egregious
because it is (i) Funding-directing Battelle’s
litigation fraud to obstruct justice [conceal evidence] and (ii) Churning taxpayers to cover up Battelle’s misusing
small business technical assistance, and prior to rebidding
PNNL & ORNL. Unlike Madoff, Battelle’s violations
effect/threaten national security [classified access (safeguards)], research & patenting integrity,
economic development, entrepreneurs, whistleblowers, and other issues
relevant to safely running a national lab. · In context of current events, Martha
Stewart, Scooter Libby and Senator Ted Stevens were each convicted for
violating
18 USC §1001 [False Statements] based on a fraction of
evidence compared to that implicating Battelle in this case. Many will ask if/why Battelle [managing five national
labs, overseeing top-secret clearance holders & classified material, and earning millions in
royalties] is
exempt from prosecution despite preponderance of incriminating evidence that
would normally result in a grand jury investigation, indictment and
conviction. Doesn’t Battelle’s misconduct [with ongoing DOE
cover-up]
warrant investigation for violations of antitrust
laws? With Battelle’s near-monopoly of DOE labs and looming
rebid(s), addressing these questions is imperative. · If there’s even the perception that DOE
is waiving enforcement of regulations/laws [CFR, DEAR, US Code] and funding litigation
fraud/perjury to conceal Battelle’s misconduct that would disqualify
any other bidder, then Battelle’s keeping PNNL & ORNL will be
questioned/challenged by losing bidders, representatives in their districts,
GAO and others. As taxpayer costs escalate
due to its ongoing refusal to hold Battelle accountable for violations
against the government and small businesses, Office of Science continues
strengthening the legal basis for bid protests, GAO/DOJ investigations, and
lawsuits against DOE by losing bidders claiming “pre-determined
result” when Battelle is re-awarded these two national labs costing
over $2B yearly. The ongoing site
office conduct also adds uncertainty in the communities around PNNL & ORNL. While the President rightfully expresses concern about businesses enduring the weakest economy since the 1930s and is holding an economic summit next month with small businesses and others, DOE Office of Science continues to bail out billion-dollar Battelle [501(c)3] by financing its outright perjury [research & other falsification] to conceal its misusing DOE’s Technical Assistance Program as a Madoff-like feeder fund for its corporate ventures and defrauding small businesses [mine & others] in the process. This taxpayer-funded Battelle/DOE cover-up is now in its seventh year. Therefore, Under Secretary Koonin, if I
don’t receive any meaningful response that DOE is expeditiously
rectifying this ongoing fraud against my small business, a federal judge, and taxpayers by the week of December
15th 2009, I will inform the White House that DOE is willfully repudiating and undermining the President’s advocacy/support of
small business, during the highest unemployment since 1983, when he and I
were students at Columbia. Additional information is at the evidence site. If you or others have questions or need more data, please contact me. Thank you. Sincerely,
Philip C. Pulver CCOL Inc. [Small business] (509) 528-9212 cell http://www.ccol-inc.com/PvB [Evidence Site - Main] http://www.ccol-inc.com/PvB/PulverBackground-Awards.pdf [Battelle-PNNL Awards to Pulver] http://www.ccol-inc.com/PvB/Documents.htm [Summary PDFs by Topic - Cliffs Notes approach] http://www.ccol-inc.com/PvB/Derivative--RDADS=MDM.htm [Dorow/Miller RPMP Misrepresentations
Refuted by PNNL Scientists] http://www.ccol-inc.com/PvB/MisrepresentationToUSPTO.htm [Battelle False Statements to Patent
Office] http://www.ccol-inc.com/PvB/Emails-NewCode-2005.htm [Battelle’s Calling MDM/BlackBerry
“new code” to Defraud, “Pulver is Toast”] http://www.ccol-inc.com/PvB/Q-ClearanceDorow-RPMP-Falsification.htm [Detailed Evidence & Testimony Showing
Dorow Perjury & False Declarations] http://www.ccol-inc.com/PvB/Depositions.htm [Battelle-PNNL
Testimony Refuting Dorow & Confirming Misrepresentations to USPTO]
-----
Original Message ----- From: Philip Pulver To: Orbach, Raymond
Cc: Secretary Bodman ; Glenn Podonsky ; James Rispoli ; Friedman, Greg ; fraudnet@gao.gov ; aloisee@gao.gov ; caldwells@gao.gov ; David Dillman
Sent: Monday, September 29, 2008 8:41
AM Subject: DOE Office of Science Decision Authorizing
Battelle-PNNL's Ongoing Litigation Fraud & Perjury Re: Radiation Portal
Monitoring Project [RPMP] Attachment: Dorow-Q-Clearance-AgenciesAtRisk.pdf This email & associated Web
site is not currently available for dissemination to the public.
This information on Battelle's fraud, abuse and
other violations of US Code is being provided to those with the authority to
act in the public interest. CCOL Inc. 2415 South Garfield St. Kennewick, WA 99337 (509) 586-3051 September 29, 2008 Dr. Raymond L. Orbach Office of Science U.S. Department of
Energy Dear Under Secretary Orbach: This email is response to your 8/27/08
acknowledgment of my 8/24/08 update [below] on the following Battelle-PNNL
misconduct: Misusing the Technical Assistance Program (TAP); top secret
[Q] clearance holder fraud; Radiation Portal Monitoring Project [RPMP]
misrepresentation-falsification; misappropriation; and, violations of US Code
[False Declarations (18 USC §1623), Perjury (18 USC §1621), False Statements (18 USC §1001) and False Claims (31 USC §3729)] For background, see
8/24 email below and extensive evidence
site. Your statement that DOE Office of Science
isn’t warranted to take any action on this well-documented misconduct
is contradicted by the fact that DOE has been taking actions in this lawsuit
for 3 years, including the following: June 2005
to Present – DOE-Science authorizes & funds Battelle litigation defense costs
[See attached ORO letter.] 2005-2008
–
DOE Counsel interacts & meets with Battelle including Dorow [See attached Dorow pdf.] March-April
2007
– OIG & Science continue
financing litigation after ignoring Battelle & USPTO documents that confirm
Q-clearance holder Dorow & outside counsel Miller’s falsification
of RPMP to federal court. May 2007 – Science & OIG ignore Battelle
evidence of False Claims Act violations and continues funding the litigation. June 2007 – Web site
visitor logs show that Science divulged my confidential emails & documents to
Battelle. January
2008
– Science cancels the PNNL recompete the same
day my Battelle depositions cited Use Permit fraud. August
2008 –
Science acknowledges but ignores Battelle documents & testimony of 3 PNNL
senior scientists implicating Q-clearance
holder Dorow in perjury [re: RPMP] and DOE-funded counsel Miller in making
material misrepresentations. Each time Battelle and DOE approved invoices
from outside counsel Miller, issued a check, or debited a DOE account to pay
Battelle’s internal & external litigation costs is an action taken by
DOE-Science [HQ
or site office]; the attached ORO file confirms DOE is funding the
litigation. Therefore, your stating
that Office of Science won’t take any action isn’t valid. Neither the 1830 PNNL contract nor 48 CFR
970.5228-1 [Litigation] nor any Federal statute grants DOE legal authority to
finance perjury, false declarations, or other misconduct to cover-up
Battelle’s criminal violations [e.g., False Claims] and protect/advance
its venture, Use Permit or other corporate interests. In real time, DOE is misappropriating
Federal funds [~ $250-500K so far] by repeatedly taking actions to finance
Battelle & outside
counsel’s litigation fraud and to fund perjury & false declarations
by top secret [Q] security clearance holder Dorow. Your decision [with Inspector General
Friedman’s consent] clearly confirms that DOE will continue to churn
taxpayers by funding Battelle’s ongoing perjury, research
misrepresentation, and other litigation fraud to cover up criminal violations
cited above. This decision adversely
impacts DOE Office of Science laboratory staff regarding issues of health,
security, safety, whistleblower, research integrity, safeguarding classified
information, conflict of interest, filing patent applications, misuse of
taxpayers, and other matters; universities & businesses working with Battelle-run labs now
face greater risks, e.g., misappropriation.
Accordingly, for benefit of others, this necessitates a
factually-based response consisting of sections outlined here and presented
below: Section
1. Summary Points -
Adverse Impacts of DOE Allowing Fraudulent Litigation Tactics -
Hanford Bid Protest – Consequences if Battelle Wins - DOE
Five-Year Actions re: Battelle Misconduct -
Taxpayers, Congress and Tax-Exempt Battelle - Key
Whistleblower Protection Undermined - Case
Issues Relevant to Many -
Longest Un-Competed 43-Year PNNL Contract Now Being Renewed Section
2. Implications of DOE-Science Continuing to Authorize/Fund Perjury & Fraud to US District
Court - DOE
knowingly finances litigation fraud to conceal Battelle violations of US Code
& other misconduct. - Staff
health/safety/security at Office of Science labs is at greater risk going
forward. - DOE
permits national security violations by Battelle scientists with top secret
[Q] clearances during litigation. - DOE
Technology Transfer Coordinator allows Battelle’s admitted fraudulent
patenting practices to USPTO. -
Office of Science thwarted the most critical protection [jury trial] in
recently enacted whistleblower laws. - DOE
policy includes financing retaliation against those complying with
directives/orders to report fraud/abuse. -
Businesses & universities working
with Battelle-managed labs are much more likely to be defrauded. - Public outrage & lawsuits may occur if
Battelle wins bid protest of Hanford Mission Support contract. Section
3. Questions [by Topic] Resulting from DOE Funding Ongoing Litigation Fraud & Perjury - DOE
Officials’ Conflict of Interest re: Battelle - DOE
Concealment of Battelle Use Permit Fraud -
Battelle Prior False Claims Act Violation [Pattern] - DOE
Funding Retaliation for Reporting Fraud/Abuse - Orbach 2005 Directive Blocking FOIA Access to
Battelle-Run Investigations - DOE
Divulging my Confidential Information to Battelle Closing ============================================================== Note:
The 2007-2008 email chain was included in all the above emails
to all these government officials. |
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