Thursday, December 23, 2010

Martin Salazar - Department of Energy Whistleblower

"The False Incarceration of Martin F. Salazar

My Name is Martin F. Salazar and I am going to prison as a result of entering into a written and signed settlement agreement between the U.S Department of Energy (the Agency) and me.

I was sentenced to one year and one day of prison for entering into an early retirement, after 20 years, promulgated by the Agency, with the intent to prosecute me for the terms and contents thereof of the settlement agreement, and where prosecution commenced prior to the agreement and
unbeknownst to me that they were doing so.

In fact the DOE management (Chief Counsel for the Agency )used the auspicious power of the Inspector General’s (IG) office in accomplishing their task to gain information, also in violation of their own laws, rules and privacy Act laws as well as numerous other violations, and as they describe “that the ends justify the means”.

Here the Agency used the “
IG’s alleged authority to promote a false need and influence others to cooperate under such threats. My case investigation began under the suspicion that I had taken bribes?, these were found to be fabricated, but it allowed the IG to begin a witch hunt under false pretenses, which eventually did disclose derogatory information regarding my Date of Birth.

This is what the Agency used as their basis for the settlement agreement. However prior to this the Agency already
investigated this very issue with noderogatory results and/or their approval.

The Agency fabricated/generated the agreement and used unscrupulous means in obtaining the derogatory information needed to coerce me into the settlement agreement, they then continued with their criminal prosecution, which came though perjured testimony of the government witnesses as a result of that very Settlement Agreement (SA).

These action came as a direct result of my whistle blowing activities. The Agency included, that I dismiss my complaints in the SA as part of the conditions or terms.

As part of the settlement agreement I was allowed to be kept on the payroll for 16 months in order to satisfy a twenty year requirement, what I believed were the only requirements for early retirement as set by the Agency.

to me, the Agency was seeking prosecution before the settlement agreement was written, and where they did not disclose the criminal issues prior, and then waited until I sought my first retirement claim to indict me. In essence, the government waited 18 months to prosecute me, when they could have corrected any issues administratively during that time prior (18 months) to my retirement commencement.

It was the very person (Chief Counsel for the Agency )who wrote and witnessed the settlement agreement, and who also two months prior, sought to prosecute me for the same settlement agreement terms, and where she purposefully and knowingly withheld that information from the deciding official in order to entrap me by entering into the settlement agreement, and where I believed that it was all legal and correct.

Following, this issue, I provided DOE Management with a report from the Equal Employment Opportunity Commission (EEOC), where this very person (Chief Counsel for the Agency) was Officiallyfound to be using the EEO and Criminal system to her own advantage and purpose.

The EEOC went as far as to notice the DOE: "to investigate her illegal and abusive use of power". The Agency to this date has FAILED to act on the EEOC finding, and here we are facing the exact same tactics and issues of abusiveness by that very person.

The reason this issue was allowed to foster, is due to the fact, that the government supervisory management knows all to well, that they can do just about anything as there is no accountability for their mistakes or abuse of power and authority. There is NO accountability for employees willful abuse of the system or their abuse of position of authority.

The Agency then used the alleged authority of the IG to further seek prosecution. Again this was conducted by the very person (Chief Counsel for the Agency) who wrote and witnessed the settlement agreement and who was also a special assistant to the US Attorney’s office, and where this person was found to have abused that very authority in the findings by the EEOC as previously mentioned in her position with the US Attorney’s office..

During the process to prosecute me, I found that the IG acted inappropriately with the assistance of the very Chief Counsel for the Agency. I reported these abuse of authority to the IG whistle blowerhotline. The local IGthen followed by abusing their authority. Following their learning that I complained under thewhistleblowerhotline regarding their abuse of authority, the very person from theIG’s office contacted the Georgia Department of Driver Services (DDS) and asked that they too seek prosecution and suspend my driver License.

The DDS acted as the IG suggested and stated at trial that they did so “because it came from the IG’s office” despite the fact theIG misinformed the DDS on facts, but more so the IG has no reason or authority to act outside their scope of responsibility other than to retaliate against my whistle blowing activities.

The IG also went as far as contacting my personal bank to falsely inform them that I am a risk? Again, my bank believing that since it came from the IG, they immediately cancelled my bank accounts. Interestingly, it was when I went to open another account with a different bank did I learn that I could not do so without a valid driver license, and where the IG was aware that my license had been suspended, and coincidentallyreflects on their prior actions with the DDS and the bank.

The IG also debarred me from the DOE under the Federal Acquisition Regulations (FAR). They clearly stated that their intent in doing so was to prohibit me from filing any further EEO or other complaints, as they would consider that I was no longer a DOE employee.

The problem here is that the FAR’s do not apply to employees, but only to contractors. I was always a DOE employee and NEVER a contractor. However, again the MSPB believed that since the IG supported this distorted truth of law, that it must be correct and allowed the IG to debar me.

My whistle blowing complaints also touched the US Attorney’s Office, and for that, the US Attorney’s office has sent my criminal attorney notice that they were going to seek civil charges against the same issue for which the judge ordered restitution.

They are doing this because there is no accountability and they can charge me knowing that I have no means to defend my self other than to represent myself pro se.

There is absolutely no gain for the government on this matter, but they will proceed only because they know that they are not accountable for any repercussions. Further, The US Attorney office attempted to motion the court for an “upward departure based on the facts that I executed my rights to file complaints, which was found to be against the law for them to do so.

My attorney’s and the Court pointed out the violation of law and where the Asst. US Attorney committed, on the record, to “self report” for violation of law, I have no proof that he did so?

But what is worse, is that his violation of law is far worse than that which I was accused, his was intentional and with knowledge that he was doing so.

These matters could have been handled administratively on the onset, and at little to no cost to the public taxpayer, but now it is costing the government (Taxpayers) untold millions of dollars and will probably continue to cost the government (Taxpayers) untold cost.

Why? Because the system allows management and others to abuse the system without concern of any accountability or atonement for any wrong doing.

As the violators see it, it’s the government’s money and they will not feel any effect from their abuse or erroneous actions."

Source and Full Martin Salazar - Department of Energy Whistleblower Story

Other Links to the Martin Salazar

posted here by
Investigative Blogger
Crystal L. Cox