Letter to the American Institute of
Physics – March 15, 2011 [Includes Prior Emails to/from DOE-Science
2007-10]
Office of Science
7-Year Fraud/Abuse/Mismanagement Provides Cause for Congress to Cut DOE
Funding
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Original Message -----
From: Philip Pulver
To: Richard Jones [AIP]
Cc: Steven Koonin [Science] ; Secretary
Chu ; William Brinkman [Science] ; Friedman,
Greg [DOE-IG] ; brandon.hurlbut@hq.doe.gov ;
Glenn
Podonsky [DOE Security] ; H. Frederick Dylla [AIP] ; K Edmonds [DOE Tech Transfer]
Sent: Tuesday, March 15, 2011 4:57 PM
Subject: AIP 3/3/11 Letter to Senate Undermined by Ongoing
Fraud, False Claims, Perjury, Misappropriation, and Security Breach
by
Battelle and Office of Science, Thus Providing Good Cause for Congress to Cut
Funding for DOE Research
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This information/evidence citing Office of
Science and Battelle's fraud, abuse, false statements, false claims,
perjury, security breaches
[safeguarding classified matter] and other
violations of US Code is being provided to those with the
authority to act in the public interest.
CCOL Inc.
2415 South Garfield
St.
Kennewick, WA 99337
(509) 586-3051
March 15, 2011
Mr. Richard M. Jones
Government Relations Division
American Institute of Physics
One Physics Ellipse
College Park, Maryland 20740-3843
Dear Mr. Jones,
In response to (i) Your 3/3/11 Letter to Senators Reid and McConnell regarding House
budget cuts [H.R.1] to research [DOE Office of
Science...] and (ii) Remarks by prior Science Undersecretary Orbach
calling the cuts “almost punitive”, I send this email that
cites an ongoing case of DOE misconduct that reinforces Congress's
concerns that waste, fraud, abuse and mismanagement are occurring at the
national labs. Already costing taxpayers nearly $1M, Office of Science
[“Science”] is funding and suborning perjury [falsifying
research and hiding ventures]
to conceal fraud against my small business by Battelle that runs five DOE
labs and has received $500M
in Stimulus.
.
[Brief
Background: With
DOE assistance funds, Battelle-PNNL developed a mobile software
application for my small business based on my specifications.
Battelle delivered a non-working
crippled version and withheld
the working functional version that it nominated for R&D 100 award, enhanced for DHS
Radiation Portal [RPMP], renamed, filed for
a patent, and illegally pursued commercialization.]
Shown at the evidence site, Science has funded
a seven-year cover-up of Battelle misusing the DOE Technical Assistance
Program as a ‘Madoff-like feeder fund’ for its commercial
ventures, defrauding my small business, violating the False Claims Act
[pocketing technology], admittedly
misrepresenting inventions to the patent office and suborning perjury by
top-secret
Q clearance scientist accessing air
cargo explosives and other classified research. Instead of holding Battelle accountable,
Science [Orbach (2003-08) & Koonin (2009-11)] continues
financing the litigation
fraud/perjury.
[Note: GAO
reports confirm Congress's concern over DOE reimbursing [bailing out] litigation
costs of wrongdoing contractors, e.g., Battelle's prior
fraud [false claims] case [costing
~$1M] cited in the Congressional
Record and reported by NBC and DOJ.]
Extensive evidence of this fraud and
security breach was repeatedly emailed to Energy
Secretary Chu and Inspector General Friedman who both looked the other way,
ignored many red flags and authorized Science [Koonin] to continue funding
the perjury. The many years of senior DOE officials misappropriating
research funds to cover up Battelle’s misconduct raises these and other
disturbing questions:
· How widespread is contractor
fraud, waste and abuse at the national labs and why doesn't DOE
stop soaking taxpayers with Battelle's legal fees and hold it accountable
for fraud, especially when it’s a repeat offender?
· Aside from funding
scientists’ perjury to withhold evidence, what other tactics does
Science use to protect billion-dollar Battelle, with a 5-lab monopoly, from
prosecution for fraud, negligence, antitrust violations or other
wrongful acts?
· How safe and secure is classified
information at any Battelle-run lab [DOE or DHS (Fort Detrick)] given the
ongoing perjury by a PNNL Q Clearance holder working on DHS
counter-terrorism, DOD, FBI and other top-secret research?
Science’s misconduct raises real concerns that
DOE is subordinating integrity of world-class research to
contractors’ corporate interests, e.g., misusing DOE
technical assistance and other lab programs as feeder funds for
Battelle’s commercial ventures and unique Use Permit [private
work on gov. property]. Until
this multi-year fraud, false claims, perjury, security breach and
other ongoing Battelle/Science violations are properly addressed and
stopped [e.g.,
ending ‘self-investigations’], Congress resetting 2011 and 2012
DOE-Science budgets to the 2008 spending levels is therefore NOT punitive
and is quite appropriate given the debt crisis and severe looming cuts to
other agencies, e.g., NIH.
Meanwhile, Secretary Chu and Science Undersecretary Koonin
continue churning taxpayers by 'investing' in Battelle’s perjury that's
being
inflicted on the 9th Circuit Court of Appeals, the patent office, and my
small business. In so doing, DOE has granted Battelle a de-facto
license to steal, thereby emboldening it to intensify its predatory
and other illegal tactics against the very organizations DOE
encourages to work with national labs: small businesses, entrepreneurs, inventors,
universities, industry, and others divulging proprietary information, e.g.,
intellectual property.
Such egregious conduct seriously undercuts
the Obama administration's argument that the Office of Science helps
small business, creates jobs, and therefore merits a budget increase, i.e., investment to help America
“win the future”. Misusing research funds to conceal a DOE
lab contractor defrauding federal assistance programs clearly
contradicts the President's many statements supporting entrepreneurs/inventors during the worst economy
in seven decades.
More evidence documenting Office of Science
and Battelle’s fraud and misappropriation of DOE funds can
be provided upon request. If you would, please forward this letter
to the AIP member organizations; they may wish to examine this
research misconduct that could potentially impact them. Thank
you.
Sincerely,
Philip C. Pulver
Owner and President, CCOL Inc.
.
PS. In key respects, DOE/Battelle
conduct is far worse than SEC/Madoff.
Unlike SEC, DOE [$30B budget] has willfully ignored evidence and funded
perjury to conceal fraud of a repeat offender, thus putting in
question security of classified material, research & patent integrity,
and oversight/enforcement at the national labs. Details at SEC/Madoff & DOE/Battelle.
http://www.ccol-inc.com [Evidence
Site]
News
Article: “Did Battelle undercut
entrepreneur?” [Good Intro.]
http://www.ccol-inc.com/PvB/Compilation-ExhibitDocsOverviews.pdf [Condensed Summary sans Exhibits]
http://www.ccol-inc.com/PvB/Documents.htm [Summary
Documents by Topic - Cliffs Notes approach]
Note: Pulver's most recent email to Office of
Science is below as FYI.
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-----
Original Message -----
From: Philip Pulver
To: mike.holland@science.doe.gov
Cc: Steven Koonin ; Friedman,
Greg [DOE-IG] ; Secretary Chu
Sent: Wednesday, September 22, 2010
8:57 PM
Subject:
9/21/10: DOE Undersecretary Koonin's
Senior Advisor Confirms that Office of Science will continue financing
[taxpayers] research
misconduct/falsification
[perjury] to conceal Battelle misusing DOE small business assistance.
[General Counsel authorized perjury.]
Attachments: Compilation-ExhibitDocsOverviews.pdf
; 1A-Transcript-Hearing-CourtRejectsBattelleRightToDeliverZero.pdf
;
Transcript-DeposTestimony-Morgan-BattellePatentFraud.pdf
; 2-BattelleNewCodeTacticToEvadeExclusiveMDMLicense.pdf
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Dear
Mike Holland [Top/Senior Advisor to DOE Science Undersecretary Koonin],
This email is response
to our phone call yesterday [9/21] in which you clearly
stated that Office of Science will continue forcing taxpayers to fund Battelle's perjury
[research misconduct/falsification] to conceal its egregious misconduct [cited
below with evidence] against my small business, the US patent office
and others. You also noted that
DOE’s General Counsel has authorized this litigation
fraud/perjury.
Thus, while President Obama continually asserts his
administration’s support for business during the worst economy since
the 1930’s, his Science Undersecretary is misappropriating taxpayer
funds [~$1M] by bailing out billion-dollar Battelle [running five national
labs] via perjury to conceal its misusing/exploiting DOE’s
Technical Assistance Program as a Madoff-like feeder fund for corporate ventures
and defrauding a small business.
Such clear contradiction between the President’s words and Dr.
Koonin’s “protecting” Battelle is undeniable. [Cited below, worse than SEC/Madoff, DOE is
breaching national security because perjuring Battelle Q-clearance
scientist Dorow is accessing air cargo explosives and other classified
counter-terrorism work. Note, Secretary Chu ignored my 1/13/10 email [re: Koonin &
Dorow] sent 3 weeks after the Christmas Day Bomber.]
In summary, you have
confirmed Science’s accessory/complicit role in Battelle’s
fraud against the patent office, my small business, and federal court [now
the 9th Circuit]. Therefore, only Congress, law enforcement and
other government entities outside
DOE will ultimately hold Battelle and Dr. Koonin accountable for this
ongoing taxpayer-funded fraud and security breach; many will ask whether
this Koonin/Battelle conduct is systemic across all five Battelle-run Office of Science labs costing billions annually.
Sincerely,
Philip C. Pulver
CCOL Inc. [Small business]
2415 South Garfield St.
Kennewick, WA 99337
(509) 586-3051
(509) 528-9212 cell
http://www.ccol-inc.com/PvB
[Evidence Site - Main]
http://www.ccol-inc.com/PvB/Documents.htm [Summary Documents by
Topic - Cliffs Notes approach]
http://www.ccol-inc.com/PvB/LitigationFraudPerjury--Battelle-DOE-SummaryPage.htm
PS. For emphasis, the
attachments from the 9/10 email are included above.
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-----
Original Message -----
From: Philip Pulver
To: mike.holland@science.doe.gov
Cc: Friedman,
Greg [DOE-IG] ; Steven Koonin
Sent: Friday, September 10, 2010 12:47
PM
Subject:
Forward of 2009 Email Sent to Dr. Koonin
Office with Updates Re: PNNL Rebid Tainted; Science Financing/Advising
Battelle-PNNL
Litigation Fraud/Perjury[Radiation Portal Monitor Project];
DOE/Battelle v. SEC/Madoff; Defying President's Small Business Support
Attachments: Compilation-ExhibitDocsOverviews.pdf
; 1A-Transcript-Hearing-CourtRejectsBattelleRightToDeliverZero.pdf
;
Transcript-DeposTestimony-Morgan-BattellePatentFraud.pdf
; 2-BattelleNewCodeTacticToEvadeExclusiveMDMLicense.pdf
Mike
Holland [Office of Science],
Per our conversation
yesterday, I am forwarding this detailed evidence-intensive 2009 email
regarding Battelle's fraud against my small business, the patent office and
the court; Dr. Koonin never responded.
And, FOIA documents confirm that he [Office of Science (taxpayers)]
continues funding the litigation that includes research falsification and
perjury. As I repeatedly told you, the evidence implicating Battelle consists of their own documents and
testimony. For background, see the
evidence site, the attachments, and the following points:
▪ Battelle Misusing Federal
Assistance Program [Pocketing/grabbing technology developed for small
business] – Details
[Motive: Unique Use Permit allowing Battelle to
conduct lucrative private consulting using gov. facilities – Details]
▪ Admitted Patent Fraud
[Battelle misrepresents inventions to US Patent Office (Calling old ones
“new” and renaming)] – Details
▪ Concealing Evidence via Perjury
[Falsifying DHS Radiation Portal Research and falsely denying commercial
ventures] – Details
▪ DOE Repeating SEC/Madoff
[Overlooking fraud (red flags) & shirking oversight of Battelle] – Details Sent to Secretary Locke
▪ Security Breach [Perjuring scientist
(with top secret clearance) working on air cargo explosives counter-terrorism
research]
– Details Sent to Sec. Chu
▪ Battelle Prior Violation of False Claims Act [Cost taxpayers
$1M, Inspector General recommended criminal sanctions for
“theft, conspiracy and false statement”, placed in Congressional Record, and broadcast on
NBC’s Fleecing of America]
– Details
▪ David v. Goliath [Billion-dollar tax-exempt
Battelle soaking taxpayers ~$1M for litigation against small business]
– Details
Regardless of the
“process” you cite [re:
General Counsel], the unequivocal fact remains that Office of
Science under Dr. Koonin
[with $5B budget]
continued forcing US taxpayers to fund Battelle’s litigation fraud/perjury via research
falsification [to conceal evidence]
[and retaliate] against my small business that reported fraud to
the IG per DOE Order 221.1. Science has spent ~$1M to
cover up billion-dollar Battelle’s defrauding small business
technical assistance, the court, and the US patent office; this blatantly
contravenes the President’s many statements supporting small business in the worst economy since the 1930’s.
In sum, it’s
unacceptable for Science to repeat the SEC/Madoff debacle by continuing to overlook
Battelle’s fraud, security breaches and other misconduct and by
soaking [misappropriating] taxpayers via perjury to a federal judge and later
the Ninth Circuit Court of Appeals. The taxpaying public and the next Congressional appropriations
committees will agree, especially as the economy stagnates/worsens and the
budget deficit balloons. They will want to investigate the DOE Office of General
Counsel’s legal strategy/practice of having DOE-Science suborn perjury
by national lab scientists to conceal evidence of contractor fraud against
small business, universities, injured/sickened lab staff, the courts,
whistleblowers, patent office, etc.
In my
case, Science has funded counsel whose prior firm was fined/sanctioned
[record $325K] for discovery abuse by wrongfully concealing smoking-gun evidence of drug
toxicity that brain damaged a 3-year old girl; this attorney
repeated such conduct by misrepresenting research [Radiation Portal Monitoring
Project] and
commercialization to hide evidence.
Obviously,
it's in the public, Congressional and national
security interest to immediately uncover and stop the 7-year DOE/Battelle fraud cover-up that’s:
(i) Shown Science retaliated by
financing Battelle’s litigation fraud against small business,
(ii) Violated national security by suborning
perjury by Q-Clearance scientist accessing classified information (e.g., counter-terrorism
explosives),
(iii) Confirmed Science funds
assistance programs for Battelle to exploit as Madoff-like
“feeders” for corporate ventures,
(iv) Condoned Battelle’s
admitted misrepresentations [18 USC §1001]
of DOE-funded inventions to patent office,
(v) Soaked taxpayers in a $1M bailout
to “protect” Battelle corporate,
(vi) Proved [like SEC/Madoff] DOE shirks oversight of its
contractors, and
(vii) Tainted the upcoming “competitive” rebid of PNNL, i.e.,
predetermined result that Battelle wins.
As
promised, I will contact you next week as follow-up. Thank you.
Sincerely,
Philip C. Pulver
CCOL Inc. [Small
business]
2415 South Garfield St.
Kennewick, WA 99337
(509) 586-3051
(509) 528-9212 cell
http://www.ccol-inc.com/PvB
[Evidence Site - Main]
http://www.ccol-inc.com/PvB/Documents.htm [Summary Documents by
Topic - Cliffs Notes approach]
http:/www.ccol-inc.com/PvB/LitigationFraudPerjury--Battelle-DOE-SummaryPage.htm
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Original Message -----
From: Philip
Pulver
To: Steven Koonin
Cc: William Brinkman[DOE-SC] ; Friedman,
Greg [DOE-IG] ; Glenn Podonsky[DOE-Security] ; Gerald Boyd [ORO]
; Michael Weis [PNSO]
Sent: Monday, November 23, 2009 12:06 AM
Subject: Pending
PNNL Rebid & ORNL Rebid/Renew Impacted [Tainted]; Office of Science Financing/Advising
Battelle-PNNL Litigation
Fraud/Perjury [Radiation Portal Monitor Project]; DOE/Battelle v.
SEC/Madoff; Defying President's Small
Business Support
Attachments:
Compilation-ExhibitDocsOverviews.pdf
; 3-RPMP-BattelleMisrepresentationToCourt.pdf
This information & evidence of Battelle's fraud, abuse, false
statements [18 USC §1001], and other
violations of US Code is being provided to those with the
authority to act in the public interest.
CCOL Inc.
2415
South Garfield St.
Kennewick,
WA 99337
(509) 586-3051
November 23, 2009
Dr. Steven E. Koonin
Under Secretary for
Science
Office of Science
U.S. Department of
Energy
S-4 / Forrestal Building
1000 Independence Ave., S.W.
Washington, DC 20585
Dear
Under Secretary Koonin…
Note: Click to
view this 11/23/09 and earlier emails sent to Science Undersecretary Koonin
and other DOE officials regarding Battelle research fraud, false claims (again),
false statements, perjury at taxpayer expense, security breach (re:
classified) and other misconduct.
Note: This email
chain was included in all the above emails to all these government
officials.
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