31Aug/160

United Airlines manager caught lying to OSHA in asbestos case

Marty Watters, Investigative Reporter

Sylvia Empen

Sylvia Empen

Occupational Safety and Health Administration officials Sukhvir Kaur and Angeline Loftus recently confirmed that United Airlines facilities maintenance manager Sylvia Empen lied to OSHA officials, and that by doing so Empen broke the law and could face criminal charges.

And as with many federal cases, it could be the cover-up that ultimately lands people in jail.

And for her part in the illegal removal and dumping of asbestos from buildings at United's former World Headquarters (WHQ), jail might be just where Empen is headed.

 DOJ Stresses Individual Accountability in New “Yates Memo”

Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

Here are the facts:

Empen contracted A&E Services Inc. to remove asbestos from United's former WHQ.

A&E Services hired Mexican day labor on an ongoing basis to illegally remove and dump the asbestos.

In doing so A&E exposed United employees and the public to vast amounts of airborne asbestos fibers.

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United employees then filed an official complaint with OSHA.

Ms. Empen told OSHA officials who were investigating that complaint for the record that A&E Services was removing fiberglass insulation and not asbestos.

Now thanks to whistleblowers at United, OSHA officials have learned that A&E Services was in fact removing large amounts of asbestos - not fiberglass insulation - from United's former WHQ, and that Empen lied to them during the investigation.

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Thanks to Empen's lies, OSHA prematurely closed its investigation. As a result, United employees and members of the public are still being exposed to airborne asbestos fibers throughout the entire campus of United's former WHQ.

It has also been established in recent meetings with OSHA officials that during their interviews with United employees, OSHA investigators did not inform the employees of their whistleblower protection rights.

That will be very important moving forward due to the fact that United employees have since endured physical threats and retaliations at work for telling OSHA investigators and United management what they knew about the illegal asbestos removal.

Steps are now being taken to ensure that United employees begin receiving the workplace protections that they are due under the federal whistleblower protection laws.

Furthermore, U.S. Attorney Zachary Fardon has been informed of this situation and has even received a referral from the New Jersey U.S. Attorney's Office to investigate these developments due to concerns that United has violated the Non-Prosecution Agreement it entered into in a public corruption case with that office.

The question now is: How high up the United Airlines management chain does this cover-up go?

Oscar Munoz, does the buck stop with you?

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20Apr/160

Judge okay with perjury and fraud in his court!

Marty Watters, Investigative Reporter

Judge Dennis L. Phillips

Judge Dennis L. Phillips

 

The latest in the United Airlines asbestos cover-up: Administrative Law Judge Dennis L. Phillips has decided to allow perjury and fraud in his court.

After receiving irrefutable evidence that federal officials committed perjury and fraud,
Judge Phillips inexplicably reversed his previous ruling to go to trial and decided to throw the entire case out of court without even conducting a hearing.

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Note: Judge Phillips is fully aware that Mr. Simkus provide documented proof of fraud and conferred with the parties involved. The Judge is also fully aware that I did as well.

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Nevertheless, Judge Phillips ruled that you can commit perjury and fraud in his court as long as you are a government official protecting a large corporation like United Airlines.

Sadly, Judge Phillips' decision to tip the scales of justice in favor of the lawbreakers comes as no surprise.

Because the fact is that the evidence against United Airlines is so strong, it would invariably expose public corruption and the lucrative protection racket the Occupational Safety and Health Administration (OSHA) is running.

Under these circumstances, what Judge Phillips did is entirely understandable. After all, what judge really wants to tell government agency officials that they can't do favors for large corporations?

And what's the use of having power if you can't abuse it? Right?

However, there is one pesky fact that Judge Phillips may be overlooking: I still have the overwhelming documented proof that these crimes are being committed.

And unlike Judge Phillips, I don't do favors for corrupt government officials and large corporations that engage in criminal activity.

That's why I will be sharing the proof I have in my possession with the public and all the individuals who are currently being adversely affected by the conduct of United Airlines and its government cronies.

And you never know. The public corruption exposed here is so blatant that the Dept. of Justice might even feel they have no choice but to do something about it.

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We shall see.

One thing is for sure. The new board of directors at United Airlines will have their work cut out for them keeping the lid on this can of worms.

More to come....including kickback schemes.

7Mar/160

United Airlines’ asbestos cover-up: Seyfarth Shaw attorneys caught lying to the court!

Marty Watters, Investigative Reporter

 

Meagan Newman

Meagan Newman

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Ada Dolph

 

 

 

 

 

 

 

 

 

In an effort to conceal the criminal behavior of their client, United Airlines, Seyfarth Shaw LLP attorneys Ada Dolph and Meagan Newman have not only committed the crime of fraud on the court. Even worse, they broke the Golden Rule of the legal profession.

They got caught!

That's unforgivable for a high-priced law firm like Seyfarth Shaw.

You see, in the real world, giant corporations like United don't pay the big buck law firms to lie in court. Any idiot can lie in court.

They pay the big law firms not to get caught lying in court.

But getting caught not once, but twice! Wow! Katie bar the door.

------------------------------------------------------

-----Original Message-----

From: Marty Watters
To: Meagan Newman (Seyfarth Shaw)
Cc: David Rowland (Seyfarth Shaw), Oscar Munoz (UAL), Stephen Poor (Seyfarth Shaw), Ada Dolph (Seyfarth Shaw), Christina Landgraf (UAL), Brett Hart (UAL)
Sent: February 28, 2016 at 11:58 AM
Subject: United Airlines' legal counsel

Ms. Meagan Newman

United Airlines and Seyfarth Shaw attorney Ada Dolph lied in Judge Pamela Lakes court when it was claimed that United could not find asbestos records that the law requires United to keep.

After being caught in that lie Seyfath Shaw ultimately produced the asbestos records in question (see attached court document). Then at a later date United with the cooperation of Seyfarth Shaw and OSHA put forth an even more incredible falsehood, this time in Judge Dennis Phillips court. The lie that is now being told in Judge Phillips court is: that the very same asbestos records that United and Seyfarth Shaw were ultimately forced to produce in Judge Lakes court - once again do not exist.

Seriously, have the folks at Seyfarth Shaw lost their minds?

If this situation were not so serious, it would be funny!

I feel it necessary to remind you that:

“Lawyers can never assist a client in the commission of a crime or a fraud, and that’s well established. Lawyers do not get a free pass to commit crimes.” When considered in the context of the Justice Department’s 2015 policy shift placing greater emphasis on individual accountability for corporate misconduct, corporate counsel would be wise to see the writing on the wall and take steps to protect themselves.

Ms. Newman, do you have anything you would like to say in defense of Seyfarth Shaw's conduct in this matter?

Marty Watters
[redacted]

-----Original Message-----
From: Marty Watters
To: Alexis Anderson
Cc: Judge Pamela Lakes
Sent: September 2, 2015 at 10:36 AM
Subject: Fwd: Willful violations (United Airlines)

Ms. Alexis Anderson

As we discussed, Ms. Ada Dolph and United Airlines are making false representations to the court.

United Airlines’ illegal abatement at former World Headquarters exposing employees to airborne asbestos fibers

http://illinoispaytoplay.com/2015/07/27/united-airlines-illegal-abatement-at-former-world-headquarters-exposing-employees-to-airborne-asbestos-fibers/

Marty Watters
[redacted]

-----Original Message-----
From: Marty Watters
To: Ada Dolph (Seyfarth Shaw)
Cc: Brett Hart (UAL), Jeff Smisek (UAL)
Sent: September 1, 2015 at 12:09 PM
Subject: Fwd: Willful violations (United Airlines)

Ms. Ada Dolph

The asbestos records that you told Judge Pamela Lakes you looked "high and low" for but could not find.

I found them!

They were at United Airlines WHQ the whole time.

Care to comment?

Marty Watters

----- Forwarded Message -----
From: Marty Watters
To: Anthony Santucci (OSHA)
Sent: Mon, 06 Jul 2015 17:33:28 -0000 (UTC)
Subject: Willful violations (United Airlines)

Anthony

The attached documents demonstrate that United Airlines had full knowledge of the laws and regulations governing asbestos removal when the abatement of classroom 8108 was done in 1994.

Clearly the asbestos abatement of classrooms 8101, 8102, 8103, 8104 and 8105 in 2014 were willful violations of the law.

It gets better!

Marty Watters

-----------------------------------------------

While Dolph and Newman are without a doubt willing liars, they clearly are not the caliber of liar you expect to get when you hire a pricey law firm like Seyfarth Shaw.

After I proved that the asbestos records did in fact exist and that I had copies of them, Seyfarth attorney Ada Dolph finally turned the asbestos records over to the plaintiff in that case.

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Faced with the incontrovertible proof that the records existed I guess she realized she had no choice but to hand them over.

Now Meagan Newman, Dolph's colleague at Seyfarth, is lying in another court case involving the same plaintiff. But this time the lie is that the same asbestos records Seyfarth has already produced don't exist!

And the insanity does not end there.

The plaintiff also received a copy of United's asbestos records from the Occupational Health and Safety Administration.

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And where did OSHA get those records?

Yep, you guessed it. From United attorneys who are still claiming to this day that the records they already gave to the plaintiff and OSHA don't exist.

Brilliant legal minds at work here? I think not.

Clearly these high-priced attorneys believe passing the bar gives them a license to lie.

That may well be true in Chicago.

However, Seyfarth Shaw attorneys should at least be expected to come up with plausable lies.

Because as everyone knows, when you get caught lying to the court twice, you are guilty of committing crimes!

Much more to come....

14Dec/150

United Airlines’ asbestos cover-up: EPA and OSHA officials as stupid as they are corrupt

Marty Watters, Investigative Reporter

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If it wasn't bad enough that the officials at the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) in Chicago are corrupt, it turns out that they're complete half-wits to boot.             

It's as though these agencies put a moratorium on hiring employees with triple-digit IQ's.

For example, take EPA criminal investigator Eric Hann's brain-dead assertion that video recordings of illegal activity are "hearsay". An assertion that OSHA director Angie Loftus agrees with.

Almost as dumbfounding is the fact Hann thought nothing of putting that little intellectual gem in writing!

--------------------------------------------

-----Original Message-----
From: Marty Watters
To: Eric Hann (EPA)
Cc: Nathan Frank (EPA), Randall Ashe (EPA), Linda Rosen (EPA), Justin Oesterreich (EPA)
Sent: June 13, 2015 at 5:30 PM
Subject: Rules of evidence

Mr. Hann

Before you are so bold as to presume you can teach me about the rules of evidence in a criminal case. I suggest you seek counsel on what the criminal courts consider "hearsay" and what they do not.

It is very disturbing that the person leading the EPA's criminal investigation of United Airlines has made the determination that video recordings of crimes being committed are "hearsay" before he has even viewed said recordings

Mr. Watters

----- Forwarded Message -----
From: Eric Hann (EPA)
To: Marty Watters
Sent:Sat Jun 13 09:40:02 UTC 2015
Subject: Re: Proof of criminal activity!

Mr Watters

We are going back and forth. I not sure if your familiar with the rules of evidence for criminal cases. Those are the rules I must follow to use anything in my investigation. That is that. While I am trying to move forward, I explained before. Since you are obviously not willing to provide me with your sources(as you called the), I suggest that the hearsay evidence all be presented to the civil side of ILEPA, OSHA and USEPA - they will respond in the appropriate manner. Since you earlier stated that you have been speaking with these agencies, you have their telephone numbers. I hope this helps and I wish you luck.

On Jun 13, 2015, at 1:45 PM, "Marty Watters" wrote:

Mr. Hann

You continue to show no interest in seeing video recorded proof of criminal activity.

Why is that?

----- Original Message -----
From: Eric Hann (EPA)
To: Marty Watters
Cc: Linda Rosen (EPA), Randall Ashe (EPA), Nathan Frank (EPA), Justin Oesterreich (EPA)
Sent:Sat Jun 13 06:35:34 UTC 2015
Subject: Re: Proof of criminal activity!

Mr Watters

A unfair statement. I am trying to speak to the individuals that have first hand knowledge - the ones who were at the alleged site as things allegedly occurred. It seems that you do not want to provided them to me. That is your decision. I can only use information from those individuals (sources). Once again, I ask that you email me their names and phone numbers. That is the rules I must follow.

On Jun 13, 2015, at 12:49 PM, "Marty Watters" wrote:

Would someone explain why the EPA has expressed zero interest in obtaining the definitive proof (offered below) of United Airlines illegal removal and dumping of asbestos from their former World Headquarters, while conversely the EPA is fixated on learning the identity of the people who have compiled that same proof of criminal activity that you have shown zero interest in seeing?

Marty Watters

-----Original Message-----
From: Marty Watters
To: Eric Hann
Cc: Randall Ashe (EPA), Linda Rosen (EPA), Nathan Frank (EPA), Justin Oesterreich (EPA)
Sent: June 11, 2015 at 2:37 PM
Subject: United Airlines illegal asbestos removal and dumping (boiler room - south building)

Mr. Eric Hann

Are you interested in a video recording of the illegal removal and dumping of asbestos from United Airlines facilities located at 1200 E. Algonquin Rd. Elk Grove Village, IL?

Marty Watters

----------------------------------------------------

What makes this exchange even more amazing is that I did not contact the EPA's criminal division. It was the EPA's civil division that had Mr. Hann contact me after seeing some of the evidence I compiled against United.

Aside from not wanting to see any of the irrefutable evidence against United, Mr. Hann later refused to talk to another person with direct knowledge of United's illegal activities who offered to come forward.

Seems that Mr. Hann's real objective from the beginning was to learn who my sources were so the EPA could rat them out to United.

Nice try, Eric. If only you were half as smart as you are corrupt, you might have succeeded.

Not to be outdone when it comes to being stupid, Nathan Frank, the director of EPA's region V civil division, had this to say after Hann kicked the investigation back to him:

"When a corporation decides to lie to us there is really nothing we can do about it, that's why we refer it to the criminal division."

As you can clearly see, these government "servants" are mentally challenged.

These are just a few examples why Illinois can now claim to have both the dumbest and most corrupt government officials in the nation.

Did I mention that this was all happening after the EPA insisted that both they and OSHA were closing their investigations after two weeks without even looking at the evidence?

Obviously closing their so-called "investigations" has not worked out quite the way they planned.

----------------------------------------------------------

----- Original Message -----
From: Ron Robeen (IL EPA)
To: Marty Watters
Sent:Wed Apr 15 03:19:52 UTC 2015
Subject: Re: phone cal

I was told that by Cook County. I would ask them who it was.

Sent from my iPhone

On Apr 15, 2015, at 10:18 AM, "Marty Watters wrote:

Ron

When we last spoke you told me that OSHA was closing their investigation of United Airlines illegal asbestos removal at United's former world headquarters located in Elk Grove Village, IL.

Who was it at OSHA that told you that?

----- Original Message -----
From: Ron Robeen (IL EPA)
To: Marty Watters
Sent:Wed Apr 15 01:47:25 UTC 2015
Subject: phone call

Hi Marty,

Sorry I haven’t called you back from yesterday. Not sure if I will get the chance today either. Please email me with any issues or questions and I will try to email you back.

Thanks

Ron Robeen
Acting Field Operations Section Manager
Illinois EPA, Bureau of Air
1021 N. Grand Ave. East, MC #41
Springfield Illinois 62702
Phone: 217/524-0229
Fax: 217/782-1875

---------------------------------------------------------

Since then, both the EPA and OSHA have been going deeper and deeper down the United Airlines' asbestos cover-up hole.

Stay tuned! This story of corruption gets even better. Or should I say even dumber.

18Nov/150

United Airlines’ asbestos cover-up: OSHA Director commits perjury

Marty Watters, Investigative Reporter

OSHA Director Angeline Loftus

OSHA Director Angeline Loftus

 

The fact that United Airlines is claiming to have lost all records of its illegal removal and disposal of asbestos from its former World Headquarters in suburban Chicago should come as no surprise.

Did anyone really think United was going to confess to willfully exposing people to a known carcinogen? Of course not.

(United Airlines’ illegal abatement at former World Headquarters exposing employees to airborne asbestos fibers)

What did surprise me and what should trouble anyone who believes in honest government is this:

The Occupational Safety and Health Administration (OSHA) is accepting United's "lost records" defense even though I personally provided OSHA with copies of the very same records United claims are missing. Records that clearly would be considered inculpatory evidence in a criminal case against United.

Even more disturbing, OSHA area director Angeline Loftus has now signed a sworn declaration that was filed in Administrative Law Judge Dennis Phillips' court stating that these damning asbestos records do not exist. An assertion that Loftus knows is a complete falsehood.

Ooops! That's called perjury, Angie. That's a crime.

And so is covering up United's criminal behavior.

 

Here's an excerpt from Loftus' sworn declaration:

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Loftus refuses to acknowledge the existence of the so-called "missing records" because they prove that United was illegally removing asbestos from its former WHQ

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Loftus also knows that the so-called "missing records" reveal that United officials were committing accounting fraud in a quest to conceal the airlines' asbestos liabilities and related criminal behavior.

Over the course of ten months, A&E Services Inc. of Barrington, IL (Robert Nykaza) was paid over $1.1 million to illegally remove asbestos-containing insulation from United's former WHQ.

Here's how the scam worked:

A&E would submit differently worded invoices with the same invoice number for work performed. The more descriptive invoice, which deceptively referred to asbestos-containing material as "fiberglass insulation", would get buried in facilities manager Sylvia Empen's file.

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Meanwhile the less descriptive line item invoice would be submitted for payment in full on the personal company credit card of one of several United managers - in many cases before the work was even completed.

 

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Paying by credit card allowed United to circumvent internal controls, thus concealing its illegal asbestos abatement and forgoing all the nasty liabilities that go with it.

Ms. Loftus was made aware of all of this before signing the sworn declaration.

There is no question that United would have liked these records to just disappear.

Unfortunately for United, they did not.

The questions to ask now are:

Why is OSHA protecting United Airlines when it should be prosecuting it for endangering employees and the public?

And

Does OSHA area director Angie Loftus have a summer home in South Carolina like United's friend at the New Jersey Port Authority?

I called Ms. Loftus for comment. She did not deny that she had committed perjury. She did refer me to attorneys in the Secretary of Labors office. I am still waiting to hear back from them.

Much more to come.....