1/13/10 Email to Energy Secretary Steven Chu
Battelle & Office of Science National Security Breach [Classified Material]
[Classified Air Cargo Explosives Research & 2009 Christmas Detroit Bombing]
----- Original Message -----
From: Philip Pulver
To: Secretary Chu
Sent: Tuesday, January 13, 2010 2:50 AM [EST]
Subject: Office of Science Funding/Suborning Perjury[Falsifying DHS Research] Against Small Business to Conceal Battelle Defrauding/
Misusing Technical Assistance Program; Perjuring Scientist Access to Classified Air Cargo Explosives Detection Program
This information & evidence of Battelle's fraud, abuse, false statements [18 USC 1001], and other
US Code violations is being provided to those with the authority to act in the public interest.
2415 South Garfield St.
Kennewick, WA 99337
January 13, 2010
Dr. Steven Chu
Secretary Of Energy
Office of the Secretary of Energy
Dear Secretary Chu,
I am forwarding this 11/23/09 email sent to Undersecretary Koonin regarding Battelle’s misusing the DOE-PNNL small business Technical Assistance Program [withholding/pocketing research], patent fraud, research misrepresentation to federal judge, and ongoing perjury by top-secret (Q) clearance holder accessing the DHS Air Cargo Explosives Detection Pilot Program [ACEDPP] and other classified material. Dr. Koonin didn’t reply to the email which stated that [without a reply] I would notify the White House regarding this 6 ½ year case that’s cost taxpayers nearly $1 million to fund Battelle’s litigation fraud/perjury against my small business. Prior to that, I’m sending it to you and citing some security concerns given the recent terrorist events; the attached files provide background. The 11/23 email [with evidence] consists of these sections:
1. Critical Concerns/Issues – Ongoing Violations, Battelle Claims Right to Defraud & DOE [Office of Science] Concealing Fraud
2. Waiving Oversight – DOE/Battelle & SEC/Madoff [DOE Conduct vs. SEC’s] [DOE Risking National Security]
3. PNNL Rebid & ORNL Rebid/Renew: Tainted by Ongoing 6-Year Battelle/DOE Cover-Up [Site Offices ORO & PNSO]
4. Battelle & DOE-Science Defying President Obama’s Support of Small Business [Battelle/DOE Litigation Fraud] [White House Excerpts]
5. Closing – Summary Points [Misusing assistance, undercutting small business, lab rebids tainted, patent fraud, security breach, antitrust...]
That email [and those to Undersecretary Orbach (2007-08)] contains extensive evidence [Battelle/DOE/USPTO documents & testimony] implicating Battelle in (i) Fraud & false statements to the government [DOE & USPTO (patent office)], my small business and the court, (ii) Violating national security statutes [e.g., 10 CFR 710 (Classified Matter - See below)]. It also cites Office of Science [“Science”] ongoing concealment of Battelle’s misconduct by funding, advising/suborning perjury [e.g., falsifying Radiation Portal Monitor Project (RPMP) research] that’s tainting the PNNL rebid and ORNL rebid/renew, i.e., showing it’s a predetermined result that Battelle wins.
Many compelling reasons necessitate that DOE address the issues detailed in emails below and hold Battelle accountable for criminal misconduct [False Claims (31 USC §3729), False Statements to DOE & USPTO (18 USC §1001), False Declarations (18 USC §1623), Perjury (18 USC §1621), and violating 10 CFR §710 (Access to Classified Material)].
Note: This forwarding email [to Secretary Chu] would have ended here had it been sent before Christmas.
However, recent terrorist attack(s) make it imperative to re-emphasize how Battelle/Science conduct poses an internal
threat to national security at not only five national labs and but also at other DOD or DHS sites managed by Battelle.
Supplemental Update Re: Botched Terrorist Airliner Explosion in Detroit on Christmas
Relevancy to Office of Science Funding/Suborning Fraud by Battelle Q-Clearance Holder
Dorow Having Classified Access to DHS Air Cargo Explosives Detection Pilot Program
The 12/25/09 terrorist attack underscores that Science is putting national security at risk by covering up Battelle’s misconduct by funding and suborning perjury of top-secret Q-clearance holder Kevin Dorow who’s involved with DHS air cargo explosives [detection] and other classified work. [See attached Dorow--AirCargoExplosivesDetPilotPgm-Etc.pdf]. Science has long been aware of Dorow’s access to that material; in an 8/27/08 email [below], Science refused to take any action on this security breach, thus violating 10 CFR 710 [Classified Access] as shown below. Instead it continues soaking taxpayers by funding perjury to conceal Battelle’s misusing the Technical Assistance Program as a Madoff-like feeder fund for its ventures and violating US Code cited above. Science’s complicity to ‘protect’ its largest contractor is far worse than the systemic failure to “connect the dots” situations of DHS [Detroit(12/25/09)] and SEC [Madoff].
To quickly explain how Science & Battelle are jeopardizing national security, this supplemental section is divided into three parts:
1. 10 CFR 710 - Criteria & Procedures for Determining Eligibility for Access to Classified Matter Etc.
2. Derogatory Information on Dorow with Links to Extensive Battelle Evidence Implicating Him
3. Adverse Security Impacts of Science Disregarding 10 CFR 710 to Conceal Battelle’s Fraud
[DOE’s refusal to revoke/suspend Dorow’s clearance, based on derogatory information cited below, emboldens Battelle nationally to suborn
perjury [or possibly espionage] by top-secret clearance holders when ‘needed’ to protect/promote its corporate interests (domestic/foreign).]
1. Criteria & Procedures for Determining Eligibility for Access to Classified Matter - 10 CFR 710
These relevant excerpts cite the process of safeguarding classified material which Science violated
§710.7 Application of the Criteria. (a) The decision as to access authorization is a comprehensive, common-sense judgment...
Any doubt as to an individual's access authorization eligibility shall be resolved in favor of the national security...
§710.8 Criteria. Derogatory information shall include...any unusual conduct or is subject to any circumstances which
tend to show that the individual is not honest, reliable, or trustworthy...subject to pressure, coercion, exploitation,
or duress which may cause the individual to act contrary to the best interests of the national security.
Such conduct or circumstances include...criminal behavior
§710.9 Action on derogatory information. (a) If the reports of investigation of an individual or other reliable information tend to
establish the validity and significance of...facts which are of security concern...such information shall be regarded
as derogatory and create a question as to the individual's access authorization eligibility.
§710.10 Suspension of access authorization. ...If the question as to the individual's continued access authorization eligibility is not
resolved in favor of the individual...the individual's access authorization be suspended pending the final determination”
2. Derogatory Information on Battelle Q-clearance Holder Dorow [with links to evidence implicating him]
Evidence [testimony] repeatedly confirms the following violations of US Criminal Code:
Misusing/Defrauding PNNL’s Technical Assistance Program for Small Business
[Withheld actual DOE-funded software from Pulver’s small business, keeping for Battelle corporate/venture interests]
[By withholding critical functionality [intellectual property], Battelle/Dorow prevented Pulver’s nationwide team
from selling the MDM software and paying royalties back to DOE, thereby financially damaging the government.
After adapting MDM to BlackBerry, Dorow et al. called it “new code” to evade Pulver’s exclusive license, later patented it.]
Detail with Evidence Link: Battelle Withheld DOE-TAP-Research & Emails: Dorow Calls BlackBerry MDM Version “New Code”
Note: Based on the evidence, the judge denied Battelle’s dismiss motion; Dorow didn’t rebut evidence of his withholding DOE research.
Falsifying Radiation Portal Monitor Project [RPMP] Research to Conceal Evidence of Fraud
[Dorow misrepresentations [disproved by documents & PNNL scientists] misled court to block evidence [e.g., RPMP-funded MDM BlackBerry
MDM versions renamed to “RDADS”] further showing Battelle withheld DOE-funded research & violated False Claims Act (31 USC §3729).]
Detail with Evidence Link: Battelle Misrepresenting RPMP Research to Conceal Evidence
[Science ignored testimony of 3 PNNL scientists confirming Dorow gave perjured testimony and false declarations [re: RPMP, patenting].
Concealing Commercial Investment from Court
[2008 documents refute Dorow’s denial of commercializing RDADS/RFID mobile technology that Battelle Ventures invested $15.5M (2006-07)]
US Code Violated: False Declarations (18 USC §1623)
Detail with Evidence Link: Battelle Concealing Commercialization Investment From Court
Misrepresenting Invention(s) to the Patent Office [USPTO]
[Dorow submitted patent application for 2005 invention [RDADS] that’s actually the 2002 MDM inventions developed for Pulver’s business.
His ‘resetting the clock’ evaded USPTO rules because the statutory patenting deadline/bar on 2002 inventions [MDM] had expired].
Details with Evidence Link: Misrepresentation to USPTO
3. Security Impacts Re: Science/Battelle Violating 10 CFR 710, Breaching Security, Defying the President and
Suborning Q-Clearance Holder's Fraud to the Court, Taxpayers, and Small Business
By NOT responding to my 11/23/09 email, Undersecretary Koonin has apparently confirmed that Office of Science will continue financing & suborning perjury by Battelle-PNNL top-secret (Q) clearance holder Dorow having access to classified research, e.g., Air Cargo Explosives Detection Pilot Program. Science’s illegally concealing billion-dollar Battelle’s fraud goes far beyond bailing out big business and has the following adverse implications for national security and small business entrepreneurs working with DOE national labs [with five [half] run by Battelle (de-facto monopoly)]:
Science Undermining President’s Small Business Jobs Agenda – By suborning perjury and false declarations by Q-clearance holder to cover-up Battelle’s misusing/exploiting DOE’s small business Technical Assistance Program [TAP] as a Madoff-like feeder fund for its ventures, Science is thwarting/defying the President’s agenda on two key fronts: (i) Supporting small business and creating jobs and (ii) Preventing “systemic failures” of national security. Cited below, both evidence and DOE officials’ statements confirm that Office of Science is an accessory in churning taxpayers to conceal Battelle’s fraud against my small business which flies in face of the President’s statements.
Internal Threat to National Security – The public, President and Congress are concerned over security threats from external sources. However, Science’s suborning perjury by a scientist [accessing classified counter-terrorism research] shows that greater attention should be paid to internal security threats, e.g., research sabotage/falsification at national labs. The Christmas attack underscores (i) The outrage of DOE concealing Battelle misconduct via Q-clearance holder’s fraud against the court, small business, patent office [USPTO], & DHS, (ii) The flagrant tactics Science uses to protect Battelle corporate [five-lab monopoly overseeing classified work], and (iii) The predetermined result that DOE awards ORNL & PNNL to Battelle despite pretense of a level-playing field competition that will cost losing bidders millions. [The 11/23 email details how Science is tainting the lab rebid(s).]
Safeguarding Classified Material in Doubt at Battelle-Run Sites – By condoning Battelle’s Q-clearance holder’s perjury and willfully disregarding 10 CFR §710, DOE sets a dangerous precedent that emboldens Battelle [“when necessary”] to commit security breaches and research misconduct at other national labs [e.g., ORNL] and at any site that Battelle manages, e.g., DHS National Biodefense Analysis & Countermeasures Center at Fort Detrick. Overall, this raises the ominous question of whether Science also condones top-secret clearance holders leaking/divulging classified information [Espionage (18 USC §798)] when advantageous to Battelle corporate interests. Until this question is answered and resolved by thorough independent investigation, security of classified material at all Battelle-managed sites is at risk. And, the longer DOE refuses to remedy/redress Dorow’s ongoing perjury, many will increasingly conclude that espionage by Battelle is also tolerated.
[Note, on 11/30/09 [Crt. Doc. #271], in a desperate attempt to further hide its misconduct, Battelle & DOE-funded counsel asked the judge to prevent [silence/gag]
[small business owner] Pulver from contacting and presenting evidence to government officials [e.g., DOE, DHS, DOJ, DOC] or the public regarding this case.]
Mr. Secretary, given the urgent matters and extensive evidence of Battelle’s misconduct and Office of Science covering it up, the absence of
any meaningful and timely response [to this email] showing Battelle being held accountable will confirm that DOE will continue in real-time to:
(i) Suborn fraud against the court, my small business and taxpayers,
(ii) Breach national security via perjury of a Q-clearance holder accessing classified counter-terrorism research,
(iii) Condone Battelle’s exploiting DOE-funded small business technical assistance research programs as Madoff-like feeder funds
for its commercial ventures at any Office of Science lab,
(iv) Erode the President’s message/reputation for supporting small business as people become aware of DOE bailing out billion-dollar
tax-exempt Battelle by covering up its criminal violations,
(v) Strengthen losing bidders’ legal cases against DOE when Battelle wins PNNL & ORNL due to unfair/tainted competition
[cover-up showing bias >>> pre-determined result].
Due to elevated security concerns, the taxpaying public’s right to know and ongoing security threat(s) by Science/Battelle’s relinquishing oversight and abject refusal to safeguard classified information [e.g., air cargo explosives], this email chain [2007-10] will be posted on the evidence site shortly. It will also be quickly forwarded to Dept. of Homeland Security and others at risk due to Science’s turning a blind eye to Battelle’s fraud in much the same [but worse] way that SEC overlooked the highly-regarded Bernie Madoff. [Details below.]
If you need information in addition to the detailed & evidence-based emails below, please let me know. You can also contact the IG [Greg Friedman] who has requested and received a preponderance of evidence of Battelle’s fraud, false statements, misusing technical assistance, false claims and other violations since 2003.
Philip C. Pulver
(509) 528-9212 cell
http://www.ccol-inc.com/PvB [Evidence Site - Main - Intro]
http://www.ccol-inc.com/PvB/Documents.htm [Summary Detail Outlines by Topic with Pop-Open Exhibits]
http://www.ccol-inc.com/PvB/Dorow--AirCargoExplosivesDetPilotPgm-Etc.pdf [Classified Material at Risk Due to Dorow Derogatory Info.]
http://www.ccol-inc.com/PvB/BattelleWithheldDOE-TAP-Research.htm [Dorow Withheld DOE Research from Small Business - Violated False Claims Act]
http://www.ccol-inc.com/PvB/BattelleMisrepresentingRPMP.htm [Dorow Perjury & False Declarations (Falsifying RPMP Research) to Conceal Evidence]
http://www.ccol-inc.com/PvB/Derivative--RDADS=MDM.htm [Dorow RPMP Misrepresentations Refuted by 3 PNNL Scientists]
http://www.ccol-inc.com/PvB/BattelleConcealingCommInvestmentFromCourt.htm [Dorow Falsely Denying Commercial Investment to Court]
http://www.ccol-inc.com/PvB/MisrepresentationToUSPTO.htm [Dorow False Statements to Patent Office [Admit Evading USPTO Statutory Bars]
http://www.ccol-inc.com/PvB/Emails-NewCode-2005.htm [Dorow Calling MDM-on-BlackBerry “new code” to Defraud License - “Pulver is Toast”]
http://www.ccol-inc.com/PvB/Depositions.htm [Battelle-PNNL Scientist Testimony Showing Dorow Perjury & False Declarations, Patent Fraud]
http://www.ccol-inc.com/PvB/Q-ClearanceDorow-RPMP-Falsification.htm [Summary Timeline re: Dorow Perjury, False Decl., False Claims]
[Re: Madoff, oversight Securities & Exchange, security threat classified info, research misconduct]
----- Original Message -----
From: Philip Pulver
To: Steven Koonin
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
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.
2415 South Garfield St.
Kennewick, WA 99337
November 23, 2009
Dr. Steven E. Koonin
Under Secretary for Science
Office of Science
U.S. Department of
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 and 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 denied their motion to dismiss Pulver’s breach of contract claim [withholding TAP working version].
• Evidence shows the DHS Radiation Portal Monitor Project [RPMP] funded Battelle in 2004-05 to develop a BlackBerry MDM version for installers of radiation monitors at US ports/borders. After acknowledging Pulver’s exclusive license to BlackBerry versions, Battelle suddenly called it “new code”, wrote “NEW” invention report [“RDADS”], reset prior 2003 MDM statutory patenting deadline and filed RDADS patent, pursued commercialization, and has been misrepresenting this “new code” as unrelated to MDM to conceal evidence implicating them.
• 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/kept and 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 and 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
“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
Madoff : “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 [RPMP] to conceal fraud; withholding technical assistance research from small business; false declarations
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 and 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
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:
“in December , 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.”
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 [discrediting] 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
Additional information is at the evidence site. If you or others have questions or need more data, please contact me. Thank you.
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
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]
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.
2415 South Garfield St.
Kennewick, WA 99337
September 29, 2008
Dr. Raymond L. Orbach
Office of Science
U.S. Department of
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 Monitor 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
Note: Click to view the rest of this 9/29/08 email and other 2007-08 emails that Pulver sent to prior Science Undersecretary Raymond Orbach regarding Battelle research fraud, false claims, false statements, perjury at taxpayer expense, national security breach [re: classified research], and other misconduct.
Note: The 2007-2008 email chain was included in all the above emails to all these government officials.