Facing The Sharks

Appleton v. Intergraph et al and Robins Air Force Base

The government made Intergraph "the government" and assigned them to
tasks they were not authorized to do. When the government makes a corporation "the government" can the government then be sued under the Sherman Act? See my argument here.

See also my response to Intergraph's motion to dismiss, here.

I'm currently working on a formal complaint to be filed with Robins AFB, the FBI, Attorney General, OSI, Congress Ethics Committee, GAO and other agencies. This will force a formal investigation, or the case will end up in the Court of Federal Claims if Robins AFB fails to act on the complaints.

July 3, 2009

I’m Married!

by @ 09:17. Filed under Journal

What honeymoon?  LOL

Wesley and I were married on 27 JUN 09, but we were only able to take a one day honeymoon.  We started a new business that has nothing to do with government contracting.  I know that career has been destroyed, and I’m trying to move on with a new career.

Wesley and I were just going to have our pastor and two witnesses at our wedding because we couldn’t afford anything else, but when our church members found out what we were going to do, they blessed us with a wedding!  They decorated the church, brought in food and took care of everything.

I’m starting over and it’s a slow process.  Wesley and I were given a camper for our wedding gift, so we are camping for our first homestead.   I have grown comfortable in Tennessee and the Lord is sustaining us, just as He promised He would.

And my God will meet all your needs according to his glorious riches in Christ Jesus. (Phil 4:19

There is a town in Tennessee that Wesley and I have our hearts set on, some day, but I don’t want to name it just yet.  It’s known for government corruption and it is a town that consists of mostly government contractors.  However; there is another group of people in the town that we want to reach.  That’s why we’re looking into starting our own newspaper.

I’ll write more about the project later, when the Web site is set up and the first paper is ready for print.

I’m in the process of changing my name and have to let the courts know as well, but it isn’t changed with the state yet.  Just got our official certificate!  I love being married.

I have the first draft of the formal complaint to Robins Air Force Base completed.  I just have to find sample ethics complaints about earmarks before I can finish it.  I know there are some lawmakers who are dealing with the same issues, and have filed ethics complaint but nothing was done.  Go figure!  When the same people being complained about are sitting on the Congress Ethics Committee, what do you expect?

I have to figure out how to write out the counts that involve the contractors, lobbyists, politicians and Robins Air Force Base employees and their favoritism of certain Defense contractors.

Perhaps I can use the Darlene Druyum case to find citations to use for the favoritism.  She used to work at Robins.

I’m going to call a lawmaker and find out what I can about their fight against earmarks, lobbying and political favoritism of top donors.

Well, that’s it for my update.  I have a lot of writing to do for the complaint.  I was going to post a draft for my readers so I could get feedback, but my supporters are not the only ones who read this blog.  

Oh yes, I forgot one more thing.  Our little homestead doesn’t have Internet access, so I have to leave to find a signal.   Oy! 

Take care.

June 23, 2009

Newspaper Start-Up

by @ 12:08. Filed under Days of Justice, Journalists, Keep Digging

I suppose you all have been wondering where I’ve been. 

As usual, there is still the formal complaint to Robins Air Force Base being worked on.  One of the key things I’ll not forget about is how one of the Federal agents told me the government can not appoint a corporation to act as the government and assign them to tasks that only an authorized government person can perform.  I’m going to hold the Office of Special Investigations (OSI) to that and I am not going to hide who met with me in October. 

In my “days of justice” category, I refer to the Federal agents as the “Three Musketeers” because there are three agents who were in contact with me.  I have emails showing they are aware of my complaint.  In fact, they scared the daylights out of me when they first contacted me.  I had never heard of Federal agents contacting people via email and asking to pick you up and take you to a secured facility.  I guess I watched too much TV.  I though agents would just show up at your house or something, unannounced, or make a phone appointment, or something, but not write to you and say they want to pick you up. 

We all agreed to meet at the District Attorney’s office.  Me, Brad Smith and two of them.  I wasn’t comfortable with going anywhere else with them.

It’s been a long time since I’ve met with the agents and since the Court of Federal Claims told me I had to exhaust the administration procedures before I could come to their court, I think it’s very important to note that I am exhausting that, and have exhausted that, and that several “policing” agencies have knowledge of the corruption at the base, and have had knowledge since 2002 when I first reported it. In fact, the Inspector General’s office at Robins AFB passed the buck to a civilian deputy director that had nothing to do with investigating criminal activity.

I think the Court of Federal Claims complaint should duly note that there is a breakdown in the so-called administration procedures, and that because of that breakdown, I have gone through years and years of complicated legal processes and financial disaster that could have been avoided had OSI, GAO, IG and the commanders of Robins AFB done their jobs back in 2002 and 2003 when I first filed complaints.

Then, after contacting our Georgia representatives, justice was prolonged.  I would later learn that the same politicians who refused to help me are linked to the key defendants, their lawyers and their lobbyists.  Ain’t politics and litigation fun?

I will also make public what the Three Musketeers told Brad.  They said they don’t normally open a complaint for anyone during the interviews, and only follow up with whomever filed the complaint, and they told us in the beginning of the meeting that they were there because of my complaint because I’m the one that filed the complaint. 

No problem.  I had brought Brad as a witness.  Though I was hoping they would investigate on his behalf, I understood their policies.  Brad would have had to file his own complaint.

However, by the end of the meeting, they changed their minds about Brad not being on the original complaint I filed with OSI.  They stated they were going to recommend to their superiors that an investigation be opened on Brad’s behalf, as well.

I told them about a document I was keeping to track the details.  As of October, it was a 166 page document but is growing because of the new digging I’ve done.  When the formal complaint is filed, the new information about Georgia politicians, lobbyists and certain contractors at Robins AFB, along with the DCMA, Murtha and the PMA Group will also be included.

I have SWORN court documents showing that Robins AFB made Intergraph to be representatives of the government and assigned them to duties only a contracting officer could perform.  In fact, I find it quite amusing that as a defense to get out of accountability for the litigation, opposing counsel tried to use the fact that Intergraph was not authorized to negotiate a contract with me, so their involvement in this should some how be dismissed from the courts.  Ironically, it’s a key thing that the Three Musketeers brought up that appeals to me.  Well, that and the fact that they understood why so many people are involved in this mess.

Depositions of government employees and Intergraph legal documents, statements, affidavits, briefings, and exhibits, dating from the very first court case in 2003, clearly show Intergraph was made representatives of the government.  No one disputes that.

The courts I’m dealing with appear to have a commercial interest in the outcome of the cases, as well as a political interest (Robins AFB).  Our politicians have a financial and political interest in the outcome of the cases, including earmarks, top donor favoritism, lobbying and media.

I have documentation to show that I’ve made several complaints to several agencies, including OSI.  Why am I stating this publicly?  Because it’s been since October and I was told an investigation takes a long time.  I’ve heard nothing back.   I have to go without a home because I can’t afford one.  I have to go without contracts because litigation is pending and no one wants to hire me.  I have to go without justice because favoritism causes certain government employees to protect certain contractors who have clout through certain lobby firms and politicians and donations.

The Federal agents told me they were impressed with how I’ve documented my cases and stated I manage my cases similar to how they manage theirs.   I told them my document would show the who, what, where, why, when, how and also my legal theories behind it.  They were impressed.

I’m glad I didn’t file the formal complaint to Robins AFB when I wanted to.  I wouldn’t have known the issues about the donations, politicians and lobbyists links to the DCMA, Murtha, Cramer and all the other crap going on in the news.

Thank you 13WMAZ for warning me not to dig for information.  All you did was make me want to dig more to find out why you were warning me.

Now you know who the Three Musketeers are.  They are Federal agents who tried for months to find me because of a complaint I had filed years prior to them finding me.  Why did it take OSI so long to find me?  I don’t know.  I suppose having to live in my car and not having a permanent address had something to do with that.  I used to have a house on about 13 acres.  Had Robins AFB been responsible with contract negotiations with me, there would have been no need for agents to track me down.  Had OSI, GAO and IG investigated in a timely manner, I would probably still have my home and it wouldn’t have been difficult to find me.

What matters is that they found me, and I have documentation that OSI knows about the complaints and the corruption at Robins AFB. 

If Robins AFB fails to act on my formal complaint, I will go to the Court of Federal Claims next.  This abuse of small businesses at Robins AFB and their favoritism of certain contractors has gone on long enough.

Too many agencies know about my complaint, and have known since I first contacted them in October of 2002.  Their failure to uphold the laws forced me to have to endure years of litigation.  Having to go this long without justice completely floors me, but then, I was naive at how contracting favoritism, litigation, politics, lobbying and donations to lawmakers worked.

It isn’t about the justice, is it?  It’s about the money and power that comes with keeping the lawmakers happy in Congress.  To them, I’m a little grasshopper that should be stomped on.

To God, I have been given a promise that He will work all things to the good of those that love Him.

My career in government contracting was completely destroyed, simply because I invented a solution that would stop the corruption I uncovered.  What a twist in fate, huh?  I set out to stop corruption at Robins AFB and was unwittingly thrown right smack dab in the middle of it, up to and including being offered bribes to quit.

I don’t know what happened to the Three Musketeers, but when I asked one of them if he reads my blog, he said “All the time.” so, I suppose he’ll read this post as well.  I’m holding you to what you said.  You told me the government can’t assign a contractor the duties of a contracting officer.  I have proof they did.

How long is Robins AFB going to get away with the favoritism they show to their pet corporations?  How long are Georgia lawmakers going to cover for their top donors? How long is the DCMA going to manage contract complaints when they are linked directly to Murtha and his top donors and lobbyists, yet the government has put the DCMA in the so-called administrative procedures?

Brad and I have gone through hell and back with litigation, losing our contracts, harassment, losing our homes, financial disaster, retaliation and just plain injustices because for years OSI pointed their fingers at other agencies, as did the Inspector General’s office, several commanders at Robins AFB, GAO, several Georgia politicians and employees of the government.  While everyone was passing the buck, two small businesses were destroyed.

I’m tired of camping.  I want a home, but because I invented a solution that got assigned to a contractor to negotiate the contract on behalf of the government, instead of a contracting officer, I have gone through years and years of litigation and financial disaster.  Government people interfered in the litigation process which only prolonged justice.  Then, judges interfered.  One of the judges is married to a state trooper.  The key defendant has public safety contracts.  One of the judges gave my trade secrets to the key defendant and told me he won’t allow me to clean up Robins AFB and that it would get tougher on me.

Though I am tired of camping, I will keep going because if I quit, I’ll never know what God can do to make good on His promise that all things work to the good for those that love Him, when all the odds are against you because of a broken system, top donations to lawmakers, political and judicial favoritism, and lack of legal skills.  

I suppose if I quit, God would make something good of that, too, but, He’s brought me this far and I don’t want to quit.

While I’m waiting to see what happens with the Three Musketeers, as well as the formal complaint, I have had to let go of a career in government contracting.

It’s been seven years and while I’ve had to learn litigation, and dig for information for the agencies who should have done the investigation back in 2002; military policies, process improvement and technology have changed.  I couldn’t keep up with the changes because I was forced out of contracting and into litigation.  I still don’t know how much longer litigation will continue because there is still the Court of Federal Claims to go, and if they fail, there are appeals.  There is also my formal complaint coming in July.  I suspect I’ll be tied up in this for several more years, and my career is toast.

Process improvement goes on in the military, and I go on in litigation.  Because the administration procedure is broken, I will never be able to get back what I lost because it would take too long to catch up on the changes I missed while I was busy with litigation.

To move on in a new direction, I’m in the planning the processes of starting and running a newspaper.  

It will keep me busy while I continue the battle for justice at Robins AFB.

June 7, 2009

I Don’t Even Know Where To Begin

by @ 15:32. Filed under Days of Justice

When you take a look at what the current administration is doing, by looting Americans of their money, I can’t help but wonder what court in America is going to give a rip about my cases.  Has the integrity of this nation been drained to nothing because passive Americans allowed the corporations and their “bought” politicians to do whatever they want?

And what about the courts?  They, too, have trashed our system.  They legislate from their benches and overthrow the wishes of Americans, in favor of their activist groups and special interests.

What is left for people like me, who are seeking justice?

The promise from God that all things work to the good for those that love Him.  That is what I hope for.  I don’t have a clue how anything good can come from my situation, considering, the people involved will lie to win.  They will create court documents that get Robins AFB out of trouble, along with their favorite contractors.

I will not.

Therefore, what I rely on is the fact that God made a promise, and it doesn’t matter what the state of our court system is in.  It doesn’t matter that I’m a pro se litigant that is in over my head in this mess.  It doesn’t matter that they have a legal team.  It doesn’t matter that the government is doing every thing they can do to get Robins AFB off the hook.  It doesn’t matter that some of those involved claimed to be Christians, and how they used my faith in God to appeal to me to forget their corruption.  One such email I received from the government actually named the Lord and tried to guilt trip me by saying something like “a house divided against itself….”  They used this because I was filing a protest with the GAO.

None of their lack of integrity matters when it comes to seeking justice from the Lord.  Only He can bring about justice when a nation is unjust.

What matters to me is this:

(Romans 8:28) And we know that in all things God works for the good of those who love Him, who have been called according to his purpose.

And to those who offer bribes, destroy documents, interfere in investigations, hide the truth, twist the laws, mock those who do not have law degrees, hand over trade secrets without first granting due process, hold back discovery requests, make threats, favor top donors, earmark money to top donors, favor lobby firms, ignore the cry of people who requested help, and anything else that lacks integrity…

(Isaiah 5:20) Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!

I will do the best I can to write the formal complaint against Robins AFB; their favoritism of certain contractors; their failure to uphold the contracting laws; the contractors; Murtha; Cramer; Kingston; Chambliss; Marshall; Isakson; and the three lobby firms.

I hope to have it completed and filed by the end of July.

I eagerly wait to see how God makes good of things when America is falling apart because we have become a nation that invents ways to become more and more evil, rejecting God and creating laws that force the citizens of the United States to be subjected to this evil, or risk persecution and loss of businesses, land or the freedoms we once enjoyed.

I was initially surprised by the comments I received because people see nothing wrong with corruption and they lash out at those who fight it.  But now, I understand that people call evil good, and good evil.

God promises something else that I can hang on to.

(Romans 8:29-31) For whom He foreknew, He also predestined to be conformed to the image of His Son, that He might be the firstborn among many brethren. Moreover whom He predestined, these He also called; whom He called, these He also justified; and whom He justified, these He also glorified. What then shall we say to these things? If God is for us, who can be against us?”

Someone from OSI told me they didn’t understand why so many people were involved in these cases, until I explained to him the project I was negotiating with the government.  It would have brought integrity to contracting at Robins AFB, and using Robins as the hub to tie in other branches.

I thought it would have given Robins AFB another incentive to stay off the BRAC list.  Instead, they chose to be corrupt.  Perhaps they deserve BRAC since they don’t care about making things right.

So many people came against me, and I was stunned to learn no one cared about integrity, and that I was left alone to fight this battle for six years, going on seven now.  It doesn’t matter.  If God is for me, who can be against me?

Some day, I hope to understand what God meant when He said those words.  It’s not fun to be in court when so many are against you.

May 28, 2009

Yes, the formal complaint is coming.

by @ 17:58. Filed under Days of Justice

I know it’s been a LONG time since I said I was writing the formal complaint against Robins Air Force Base and Intergraph et al.  However, things have changed.  There is an independent action going on against someone who will be named in the formal complaint that has not been in these cases.  For that reason, I’m waiting to file my complaint because I want the timing to be right.

It’s complicated to write and I would rather write another 150+ page complaint for a court than this.  Well…no I wouldn’t.  I hated writing that document, too.  It was filled with errors and I got my butt chewed out by lawyers, who have law degrees and an extensive billable hours record, no doubt, but hey…I never said I knew what I was doing.  Sorry the document was so long and it pleaded evidence.  Ooops.

As with the formal complaint, it’s going to take time to finish.  It’s been something like eight months since I first met with the Three Musketeers (minus one of them), but they, too, will be named in the formal complaint.  Not against them, but rather, to show what agencies have knowledge of the corruption, how long ago we met, what was said, what was turned over to them, and what has been done so far.  The thing is, I don’t know what they’re doing, if anything.  So, if they haven’t been doing anything, the formal complaint might light a fire.

Regardless, I can show the Court of Federal Claims every step I’ve taken if Robins AFB fails to act on the formal complaint. 

I’ve lost count on my Days of Justice category.  I’m too tired lazy to count the days, but it was October 2nd that I met with them.  If anyone can tell me how many days it’s been since I met with the Three Musketeers……

May 17, 2009

13WMAZ Comments In My Blog

by @ 22:20. Filed under Media

Oh please!  Seriously you guys, you have got to come up with something better than this!  Is that all you have to say about a multimillion dollar lawsuit and exposure of corruption at Robins AFBLOL

No wonder Obama has to bail out the news industry.  They are cowards who can’t report the real news and can only report what they are told to report.  I’m guessing if you guys receive any of the looted money the Obama administration took away from the Americans, you will probably just spend spend spend and still fail miserably at being reporters.

Let me guess, 13WMAZ took a lesson from the DCMA about commenting in my blog.  If you can’t handle someone opposing the corruption at Robins AFB, just show up on my blog and make a childish statement.  Your nickname you used is even childish.  Tell me, though, what is sane about ignoring corruption and destroying small businesses just because they refused a bribe?  Do you find that amusing?

You can find the original comment here.   They posted from WMAZ-LCLNSCVI.13WMAZ.com (Cox Communications Inc)

Sane Person

Still crazy after all these years.

My response:

Well well well..look what we have here. Someone on a 13WMAZ domain has made a comment. After all these years. Congratulations. You really do have a voice. “Still crazy after all these years” is the best you can come up with? There is a multimillion dollar lawsuit going on and I’ve turned over evidence of corruption, and all you people have to say is “crazy”? Good gracious!

One of the key defendants in these cases is a spokesperson for 13WMAZ concerning BRAC issues, and you have the audacity to come into my blog and make a comment.

Coward. You give the Federal agents that met with me more fuel to understand why so many people are involved in this mess and why it will take them a long time to investigate. All I had to do was show them the documents I’ve kept (166 pages worth) and they mentioned getting me compensation.

And you call me crazy?

WMAZ-LCLNSCVI.13WMAZ.com (Cox Communications Inc) 13WMAZ
Virginia, Virginia Beach, United States, 0 returning visit
DateTimeWebPage
17th May 200915:17:58No referring link
facingthesharks.com/2009/05/17/is-the-macon-telegraph-on-the-chopping-block/
17th May 200915:31:04facingthesharks.com/2009/05/17/is-the-macon-telegraph-on-the-chopping-block/
facingthesharks.com/2009/05/04/dcma-is-commenting-on-my-blog/
17th May 200915:31:57facingthesharks.com/2009/05/04/dcma-is-commenting-on-my-blog/
facingthesharks.com/about-me/

Well “Sane Person”  If you’re so sane, then why don’t you have the guts to post on my blog using your true identity?  Only a coward hides who they are, but your domain is a dead giveaway that the media is biased and covers up the corruption going on at Robins AFB. 

Whose next?  First the Mercer Law Library, then the DCMA , now 13WMAZ gets in on the commenting and shows how insane our legal, government and media system is.  A little corruption is okay, right guys?

How many bribes have you all turned down lately?

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Disclaimer: Anti-SLAPP, or the "Strategic Lawsuits Against Public Participation," law protects citizens from suits filed to silence speech about matters of "public interest or concern." The state's General Assembly passed the law in 1996. O.C.G.A. § 9-11-11.1.

This site is not to be used as legal advice. Furthermore, the posts by lawyers and others are not an attorney-client relationship. There are errors in litigation processes documented in this site because it is just the journey of a nonlawyer, documenting what it's like to go through the American Judicial System. She is not a lawyer, nor can she give legal advice. She is simply writing about her experiences. Please consult with a lawyer if you need legal advice.