(2004/11: Phil Duse versus the Tyranny of DoD/DOJ) and its Intelligence and Investigative Agencies
(A David Vs Goliath story)
By Phillip M. Duse Sr.
(2011 ebook update on Government ruses)
ebook published by Fideli Publishing Inc.
Copyright 2011 Phillip M. Duse Sr.
No part of this eBook may be reproduced or shared by any electronic or mechanical means, including but not limited to printing, file sharing, and email, without prior written permission from Fideli Publishing.
License Notes
This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each person you share it with. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then you should return to the point of purchase and buy your own copy. Thank you for respecting the hard work of this author.
ISBN: 978-1-60414-307-2
FOREWORD
The story you are about to read is drawn from the harrowing personal experiences of its author, Phillip M. Duse. The story has been revised extensively since its first publication in 1998. This 2011 ebook version improves on the original language [where necessary] and, more importantly, reports significant ruse events occurring since 1998. This updated version of events also includes summations and conclusions that clearly bring out the retaliatory nature of Government ruse actions. You will also note that the rules of the supposed protector of your rights “EEOC”are in fact so suspect as to their true intent that there is no or very little proven value to the vast majority of complainants—recent estimates show that more than 85-95% lose. Why? The rules are too easily undermined and/or ignored by Government obfuscations and its network of “perpetrating allies” who, as shown in this book, often operate under a false color of authority with the primary goal to “kill the messenger.” Harm to the messenger is the actual and typical effect of the EEOC process, in spite of its claim to be a fair arbitrator of complaints.
WHY THIS BOOK: to inform America’s youth and teachers world wide about how our system of freedoms actually work—to expose the illusion of fairness for the fraud that it is. Background: It is not widely known but Mr. Duse (the author) was the only black male to have had broad ranging access to top-secret United States Programs dealing with weaponry classified top secret under procurement contracts administered by the former Defense Contract Management Command (DCMC), a former subordinate activity of the Defense Logistics Agency, the starting point of our story that is yet to end.
This nonfiction story is worthy of the interest of all law-abiding individuals, especially minorities curious or suspicious of investigative tactics employed by our federal Government against law-abiding citizens—Phil Duse is the example. The story seeks to address the unresolved questions regarding: is there a hidden goal within our Government to prevent minority access to certain non-political top-secret Government positions because of their minority status alone? It is obvious that one’s minority status alone is not a proper disqualifying reason. But, according to Phil, Government engages in ruses that are problematic in merit that should be preceded by a formal legal finding of “probable cause” justifiable on merits “other than” mental masturbation—or not allowed. This is at the bottom line of the aggrieved issues shared in this book!
To address this issue and its attendant questions, the replay of events will explore numerous examples of underhanded-unethical tactics routinely employed, allegedly, by Government perpetrators against its citizenry—certainly as experienced by Phil a proud law-abiding Black male. Through an exploratory process Phil highlights and exposes not only how our Government appears to commission others to act under a false color of authority, but also show how they pursue entrapment scenarios as if they are justified when they can’t possibly be justified, thus the resulting ruse activity has no true legal underpinning and, in the final analysis, constitutes blatant acts of retaliation. But, the author also describes how law-abiding citizens have no viable recourse to challenge improper ruse activity initiated by Government entities operating under a false color of authority—a shameful reality. The unsavory issues are exposed in this ebook so they can be dealt with by U.S. law abiders.
The Government’s unjustifiable investigative goal: “Attempt to impugn to innocents criminal and or immoral conduct unrelated to the reality of the innocent’s existence” and they attempt to do so with undeserved immunity—it is a Gestapo like process hidden from public view. The defamation effect of this activity has been experienced first hand by Mr. Phil Duse. It is an unjustifiable underhanded process too prevalent in the Government’s investigative community and select “doltish minded” investigative departments of local governments who meekly claim “we have justification” (this was stated in response to a challenge of its propriety in the civil suit on this issue) when such justification does not and can not exist but, so far, can’t be successfully challenged either.
Altoona, PA and Stafford, VA (Including nearby Army officer clubs) are alleged to be “striking” examples of where dated logic resident in mindsets of “demented” local civilians has been exploited by Government to perpetually perpetrate wacko “girly ruse” scenarios of absolutely no merit. The activity occurs regardless of no true merit to justify the activity; therefore, it can be held as shining examples of demented locals who appear to claim an inherent right to support their longstanding negative (un-merited) cultural habits and stereotypical beliefs, at the expense of the truth? Yes, it is understood that the activity is not limited to the two mentioned cultures, but it is depicted here as examples because our Government is alleged to be the protagonist engaged in what can be called “clear profound ridiculousness” silly to an unbelievable extreme.
The Author attempts to answer larger more vital questions about ruses and underhanded tactics in general, to show how Government routinely utilizes witting and unwitting innocents to function as antagonist against others: for example, staging restaurant employees as bait supported by “dolt logic reasoning” i.e., young white and black females; to include teenage neighbors as well as older females, to accomplish un-merited entrapment goals. It doesn’t stop there! Ruse perpetrators direct ruses perpetrated by local out to lunch black males, too (who haven’t a clue as to why they attempt to support the activity)—all misguided by our Government (FBI and local dolts?) on a path to nowhere, other than the defamation of their target’s character.
The reasoning why they are permitted to engage in this activity without justification is found in the term “Mental Masturbation”? The term appears to be the underpinning for justification(s) used by perpetrators searching for reasons to base pre conceived beliefs on to enact harm. The author demonstrates, through noteworthy examples, how Government perpetrators of noted ruses are not even close to being the good guys—and they can’t be successfully challenged—even when their ruses are exposed or can be shown to have no merit!
The author notes how they are even permitted to continue unwarranted ruse activity when their ruses can be “conclusively” shown to be of no recuperative value and ridiculous on their face: never successful, circa mid 80s till present-2011, as will be shown. Therefore, it must be stated with moral conviction that the relentless nature of the activity constitutes a clear case of defamation of character through some demented form of logic in a quest to get Phil the successful Black guy. Activity declared null and void by modern legislation and presumed modern practices, consistent with expressions in our “Bill of Rights and the US constitution.”
It is more than “merely” just unfortunate that the activity occurs without legal recourse to the targeted citizen/minority, it is something the collective “we” must correct as it smells like vigilante justice practiced and sanctioned by the very U.S. Government that is supposed to protect our rights? Follow the story.
In the replay of unsavory events you’ll discover just how the parent of the agencies involved, our Government, choose to unabashedly violate presumed constitutional and civil rights of a law-abiding citizen. Then quickly maneuver out of sight to duck from legal consequences or imminent exposure to obfuscate the issues under a claim of immunity—(or we have reasons) when the activity is challenged in a suit process. Then, continue the perpetration of the activity with vigor, as if they are above the rule of law—something the collective “we” can’t permit to continue. It is nigh time to expose this unjustifiable activity for the edification of the U.S. public and in deed all free people.
In this story, issues of immunity and questionable unsavory actions are brought to the attention of the American people, for their consideration of corrective measures to prevent themselves and love ones from becoming unwitting victims of ruses that deny justice to ruse victim(s).
Corrective measure: we must mandate the authorization and use of polygraph test and or brain fingerprinting examinations, when so requested by “persons targeted for ruses” and not otherwise limited to only when requested by the Government’s perpetrators—obviously they never expose their own unlawful activity. Test results that are clear in their exclusion of ruse targets in criminality should result in a finding of mandatory compensation, for defamation of character, against those directing the ruses.
The author believes there are issues here that are so extraordinarily grievous and profoundly disturbing that they must be litigated before juries in civil courts, in a let-the-chips-fall-where-they-may manner—not the EEOC before going to a civil court. But the author is also aware this end goal can’t be achieved because the justice presumed available in EEOC litigation is not permitted to prevail by a thoroughly tainted process—that, for example, accepts unmerited “Agency Articulations” as truths, a reality that must be changed. Reliance on the EEOC system of justice is a part of the problem and not even close to being a viable solution.
Ultimately, though, those of you concerned with the issues presented here have a share of the responsibility to at least assist in the initiation of the above referenced corrective measures to give notice that it is the people’s will to effect correcting changes. For certain you can voice opposition against improper ruses in general, especially if the perpetrators can’t be held to account legally for unwarranted ruse actions. The issue of perpetrators being held to account should apply to all Government ruses perpetrated under a false color of authority, particularly when it can be shown that the intent of the activity is to “impugn” the innocent without letting the facts get in the way. A collective failure by the US citizenry to engage this serious issue at its roots would suggest “the collective we” need to lower our heads and accept a sorry reality that “we” are, in fact, a witting party to this identifiable injustice.
The author suggests perpetrators at fault for improper actions can be exposed and held accountable by their own investigative results, e.g., interview of witting and unwitting participants, to gage why the ruses were deemed justifiable—when not based on facts just mere mental masturbation(s). The perpetrators should be publicly identified as dolts or a similar appropriate qualifying term: vigilantes; mental masturbators; to name a couple and their victims adequately compensated by Government for civil rights violation and defamation. Action as suggested here would go a long way towards preventing future un-merited activity.
Americans, especially teachers, students, and news organizations, as well as other concerned citizens in general, who agree with the need for a corrective posture can act; they are encouraged to spread the word against the bottom line defamatory nature of ruse activity perpetrated by our Government against innocents. To become more knowledgeable on these issues, to voice an informed-constructive opinion, read up on the issues in this ebook and the other Phil Duse ebooks [US Government Quacks and Dolts; False Color of Authority] published by Fideli Publishing as well as hard cover books such as EEOC: The Real Deal—published by Xlibris—then spread the word with active fervor! Let-the-chips-fall wherever.
Yes, there has been a civil suit: “David [Phil Duse] Vs Goliath [Department of Defense, Department of Justice, and Equal Employment Opportunity Commission]” filed and pursued “pro se” to the Supreme Court by Writ of Certiorari, Case No. 00-1437, CA-99-1400-A. All of the issues and the Government’s obfuscation tactics are now available for third party perusal. The play-by-play results of the first suit are shared in EEOC: The Real Deal.
Once you discover how astounding the unsavory incidents are, directed at a professional Logistician/Industrial Property manager, your inherent inquisitiveness must ask your sense of justice “why has this been permitted to happen and no one punished”?
More background info: The ruse incidents, which are ongoing, reached their highest and most dastardly point after Phil accepted a top-secret position in the Defense Logistics Agency’s, Defense Contract Management Command’s (DCMC) Black Box organization. DCMC had the contractual research and development responsibilities for Government “Black Box” top-secret programs, such as the B-2 Bomber and the F117 Stealth Fighter now in the U.S. inventory.
Black Box programs deal with the cutting edge of weaponry and associated technology, whereby mere knowledge of the weaponry under development has to be tightly controlled. The knowledge is limited to those with a requisite top-secret clearance coupled with a demonstrated professional need-to-know directly related to the specific “Black Box” program at issue.
At the time of the “unsolicited” job offer, Phil Duse was a GM-13 level Property Manager for the Naval Air Systems Command. He was lured from this Naval Air position to return to DCMC by the “Black Box’s” senior civilian manager. A manager whom he knew well as a result of working for him for three years, when employed by DCMC two years earlier. As bait to get him to accept the position in the “Black Box” environment, this manager tabled a promotion promise from GM-13 to a 14 level grade.
The author accepted his offer and returned to the Defense Logistics Agency (DLA), the then parent organization of DCMC. DLA, initially, hired him some nine years earlier as a GS-11 to work out of their Silver Springs, Maryland property office. He was later promoted to a GS-12 level position when assigned to work out of their Manassas, VA office, headed by the person who later became the “Black Box” manager. Prior to his acceptance of the Silver Springs, MD, Government job, he was employed by Bendix Field Engineering as an inventory management supervisor responsible for provisioning materials in support of the National Aeronautics and Space Agency’s (NASA), satellite tracking network. Bendix hired him as a consultant, three days after he retired from the U.S. Army; three months later they created a supervisory position to retain his services.
In that the story describes, in vivid detail, a series of contentious events. The veracity of Phil’s statements can be made available for verification by: the newer technology of Functional Magnetic Resonance Imaging (fmri) and or typical Polygraph examination to amongst other concerns thwart denials of alleged perpetrators. An unqualified request for the examination was made to: (1) the Society of Retired FBI agents; (2) Maryland Institute of Criminal Justice and: and (3) the Virginia Criminal Investigators, they have, so far, refused to conduct an examination. Their refusal notwithstanding forces Phil to agree to be tested by any qualified source of the federal/state or local investigative community—when he passes whatever test is decided on, government should be held to pay damages as appropriate.
The story reveals the names of those contacted, so-called professional polygraph examiners who refused to give the examination. They have an open opportunity to either challenge or verify Phil’s truthfulness regarding the issues, situations and allegations described in this book. Phil agrees to be available for examination by any qualified source; as long as the results can be revealed before a national audience, hopefully as a prelude to compensation.
Phil still waits for a qualified source to schedule an examination and will also request an opportunity for the examination be extended to any party who believes they have been damaged by their exposure in this book. But Phil clearly recognizes that it is probable other parties may be somewhat reluctant to agree to an examination that may expose the questionable activities of their current or former employers or provide conclusive proof backing his veracity. Phil does not otherwise claim to have documented proof or admissions of guilt to a legal certainty; but he can provide the previously submitted written report of the ruse activity at issue that was provided to DCMC management and the civil suit process.
An example of a specific but typical ruse incident occurring in 2003: On September 26, 2003, the author had been living under years of ruses plus suffering tracking devices in his cars and tapping of his phones to where the activity had become a typical part of daily life. The author understood that perpetrators routinely establish their ruses from surreptitious information gained through phone tapping coupled with mental masturbation beliefs on propensity for criminal behavior. Phil decided to paper trail the local Officer’s club being a party to the ruses, by following up on information provided by antivirus software of his new computer system. The system on numerous occasions informed: “A remote system is attempting to access Microsoft Generic Host Process for Win32 Services on your computer. What do you want to do?” The options: permit access or block. And, on several instances when in the process of shutting down the system: “others are on your system are you sure you want to shut down?” Others.? Never qualified and the question on its face may not have any harm intent, the author wasn’t sure.
Realizing hackers, presumed to be Government perpetrators, are again hacking into his computer system, probably to access the 2004 updated version of the 1998 book, he decided to insert a misleading statement in the foreword of the book (part he was working on) that suggests he didn’t believe Army military installations were engaged as witting participants in the ongoing ruses. He then made reservations [via the presumably tapped phone] for dinner [26 Sep 03] at the Ft Belvoir Officers Club where he had been a member for over 25 years. Would the perpetrators view this information as an opportunity to engage in staging ruse activity? He assumed they would, thus had a pre-staged opportunity from which to view whatever wacko activity they would clandestinely attempt to engage in presented its self.
His anti-virus software listed: 203 197 199 185 32804 as the hacker’s address, the hacker probably wasn’t aware that he was on to this surreptitious activity, if that’s what it is, and would soon uncover who the address belongs to, possibly exposing the identity of a perpetrator for others who may have an interest in hacking the hackers, or maybe it’s merely an anomaly of this new computer system he couldn’t really say?
The perpetrators jumped on the bait like unwanted flies at a barbecue. The author and his wife arrived at the Officer’s Club, 4:30 pm, and sat in the newly renovated bar area. He spoke briefly with a German waitress whom he have known for the last 25 years and a few minutes later spoke with the club manager who he had recently provided a copy on his book “EEOC: The Real Deal” for the small Library situated on a shelf in the bar area. Totally out of character, the club manager was unusually tentative and avoided engaging in the small talk which was his norm—the first clue that perpetrators were present and modified his chitchat posture as it related to interfacing with the author; therefore, Phil was firm in expectation that he would experience a ruse of some sort.
Then an individual sporting a pig tail hair style, sitting a couple of tables away, looked at the author brandishing a silly smile (fake?) said “hello, how are you doing.” This gratuitous action on his part was a second clue that perpetrators were present and he could have been one of them as he made no such greeting to other patrons (10-15) sitting nearby. Plus, the term “hello how are you doing” has an added significance which will be explained as to its apparent connection to ruses later, Chapter 8, but at any rate the greeting is a possible ruse clue.
At 5:30 p.m. the author and his wife went to the spacious anti-room area of the first floor dinning room to await the 6: p.m. opening of the doors to the dinning area. Around 5:45, two ladies, over 50, I would guess, and a boy of 10 or so entered the anti-room area from the closed doors that otherwise restricted access to the dinning area until 6: p.m. The young boy and the younger of the two ladies immediately began to engage Phil in conversation, as if they were long lost friends or more than just casual acquaintances—unusual behavior, Phil thought, she was a total stranger to him and his wife. The action was not on its face an obvious ruse, because they were in an Army Officer’s Club where people are expected to more openly chit-chat socialize. Phil smiled and nodded agreement to her flimsy but cheerful explanation of why she was coming into the anti-room from the dinning area wondering why she considered it to be a concern of interest to him; his wife chitchatted amicably with the other two people in her group as they engaged her in small talk.
Then, the lady held up the tall glass of a clear liquid and ice she carried and announced “this looks like water but it is actually Vodka”? The author began to wonder why she wanted him to believe she was consuming what then would appear to be, if he believed her, an excessive amount of alcohol! It was obvious, though, from his close in vantage point that it was merely a tall glass of water and ice! But, again, he had to wonder, what’s the true intent of this staging of excessive drinking and overt friendliness to a complete stranger? What was Phil supposed to do? Yes this is a typical ruse scenario repeated by perpetrators over the years!
Phil and most others who frequent the Officer club knew the bartenders wouldn’t serve anyone, in particular two elderly ladies with a kid, a tall glass of Vodka filled to the brim. Apparently, she and whoever directed her behavior wasn’t aware of this small but significant fact of Officer Club life. The author concluded that, in deed, this was a ruse in the making staged by terribly bad acting perpetrators, “why” remains to be the unanswered question what are they trying to pull off at his expense?
He smiled at her antics and walked a few steps away to avoid further contact with her, as well as her mother, and her young son, if that’s who the others in her group were. Whatever the intent of the ruse, it came in with her and left the same way, dolts in action—the author thinks so. Nevertheless, owing to his computer’s antivirus software, he was able to predict the probable occurrence of this ruse; no the antivirus software didn’t inhibit the hackers but the author might be able to add copyright infringement to the issues in this story?
The readers will be enlightened and titillated by the first hand knowledge the author has on deception techniques, such as examples shown in this book, they have been significantly updated here and in Chapter 8 from their initial reporting in 1998. Ruses, allegedly, employed by even the sleuth of sleuths Central Intelligence Agency (CIA); Defense and Naval Criminal Investigative Services (DCIS/NCIS); their sister organization, Air Force Office of Special Investigations (AFOSI); as well as local doltish police and sheriff forces.
The story begins with more specific information on the author’s work background and then goes to the initial discussion of the job offer with the “Black Box” manager. Enjoy.
CHAPTER 1
Special Contract Programs, a.k.a. Black Box Programs--Muckraking the Issues
This story is true and ongoing. It describes the Defense Department’s Defense Logistics Agency (DLA) unrelenting "hostile" treatment of a Black male they solicited to accept a top-secret General Management (GM) position, Senior Industrial Property Manager, in their Special Contracts Program office. [a.k.a. “Black Box”] The home base of the story is the Washington, D.C. metropolitan area.
Background: At the time of the discussion of the job offer, Phil was gainfully employed as the senior (GM-13) Industrial Property Manager of the U.S. Navy's "Naval Air Systems Command" (NAVAIR-119) then located in Crystal City, VA. This job had no involvement with DOD’s intelligence community, yet persons under the direction of the Navel and or Defense Criminal Investigative Services (NCIS/DCIS) directed continual ruse entrapment attempts at him during, before, and after his normal work hours, no explanation was ever provided. His position in NAVAIR was one of high visibility within the Navy’s contract and property management community; he worked out of the policy administration office responsible for NAVAIR “contract owned property” in the hands of contractors.
The Genesis: One of the obvious questions to be raised is “why” did the DCMC “Black Box” manager solicit Phil for employment? There couldn’t have been any concerns regarding the sensitive top-secret nature of the position, or the hiring manager would have looked for someone else to fill the position! So, why was he deemed to be the individual with the requisite talent they were looking for? Other Defense Contract Management Command property management personnel were available within DCMC to fill the position, too.
Phil believes answers can be found in his impeccable technical credentials and hands-on experience within the logistics and property management community not typical of other Government employees. He was a U.S. Army retiree, Chief Warrant Officer, and had demonstrated excellent management skills in addition to being recognized for successfully interacting with racially diverse workforces typical of Government workplaces. Were these traits that would prove useful in the new job? Or, perhaps his property management background alone would bring a wealth of needed expertise to the “Black Box” environment? The hiring manager knew of his work capabilities, from his previous three years of observation and rating of his work at the highest possible level.
Of note, Phil had previous work assignments that involved being entrusted with highly sensitive responsibilities: for example; (1) For more than three years he was personally responsible for the receipt storage and issue of all "Narcotics and Precious Metals" earmarked for U.S. Army activities located in the Pacific Northwest states of Washington, Oregon, Idaho, and Montana; (2) He was assigned to a Lieutenant Colonel's position (0-5) when he was only a Warrant Officer one (W-1), the lowest Officer grade in the military; (3) He had been promoted through the enlisted grades of Private (E-3) to Sergeant First Class (E-7) in the shortest period ever, four years and 11 months, a record that stands until this day i.e.2004; (4) His area of responsibility within the Black Box organization would include the same kinds of managerial oversight he exercised over NAVAIR personnel located at several large aircraft and engine manufacturers: McDonnell Douglas, Sikorsky, Grumman and Westinghouse. It was obvious that an individual with this background would be effective in a “Black Box” environment that never had the benefit of a professional, property manager!
The job offer: "Phil, I've created a new grade 14 Industrial Property Management position that I want you to apply for," said the manager of the top-secret, Defense Logistics Agency, Special Contract Programs office, a.k.a. “Black Box.” Phil stared at him inquisitively while making particular note of his wry smile that foretold a definite smugness on his part to make the job offer. "When I wrote the job description, he continued, I wrote it with your unique property management expertise and contractor interface skills in mind. Your expertise is sorely needed in this “Black Box” environment as they have never had a professional property person to work property management issues."
Now that sounds interesting, I mused to myself.
"I don't know what you'll find, but I want you to look into the nooks and crannies and tell me what you think needs to be done!"
I gave no response.
"I still have a grade classification problem that I'm dealing with, I requested a grade 14 for the position but it came back a GM: 13. 1 would like for you to take the position on a lateral so I won't have to advertise it as a grade 14: [He might be forced to accept another candidate] that was my original planning to get you to apply for the position. You needn’t worry about the grade 14 either; I anticipate a resolution of the grade classification problem in due course. It will only take another year or so before I’ll have three 13 grade positions in our field activities, then I can get your positioned reclassified to a grade 14."
This conversation took place in a Bowling Alley in Manassas, Virginia, just before the first Bowling league of the evening began its play. I had set up this league a few years earlier, when we both worked at the defense contractor facility in Manassas, VA. This meeting was set up by a former co-worker of ours (G. Hanks) who still worked at the facility; he asked me to come to the Bowling Alley to meet with my former supervisor now “Black Box” manager to discuss a new position in his organization. I was surprised that this former manager of mine had continued to bowl in this league I set up a few years earlier. But I remembered without doubt that he had been a fair manager.
Moreover, this is the manager who hired me for the GS-12 Property Administrator job I accepted in Manassas, VA, he tabled the offer for that position in essentially the same manner as this one; I accepted his first offer and would accept this one, too. Also of significance to the issues, the Manassas job covered the time span when I first began to notice surveillance of my after work activities by unknown parties. I reported this activity to the Defense Criminal Investigative Service (DCIS) a month or so later; DCIS was on site to investigate the host contractor on other issues involving breach of contractual responsibilities. DCIS led me to believe the activity I reported to them was conducted at the behest of the host contractor; I was not to pursue the issue further because they, DCIS, were on the case. I later discovered, with great consternation, that this DCIS statement was blatantly false as it regards involvement of the host contractor. Nevertheless, they choose to continue to mislead me on this important issue and did so for several years—more on this later!
During this work period of approximately four lively years, the Government's Defense Criminal Investigative Service (DCIS) attempted to indict the host contractor in criminal court, without success, and then in civil court, again without success. The issues: multiple millions of dollars of Government property could not be located or otherwise properly accounted for and was presumed misappropriated through fraudulent property accounting practices. The legal battles on this issue lasted more than seven years.
Phil was the Government’s primary witness against the contractor. He uncovered the specific property accounting discrepancies that resulted in DCIS attempts to indict the contractor both criminally and civilly. But, at the inception of the issue, he recommended to the appropriate contracting officers that they pursue a corrective solution through standard contractually based options; withhold funds—1 Million—from Government cost type contracts. This would force the contractor into arbitrations with the Government’s Board of Contract Appeals, assuming the contractor disagreed with the one million withholding. This was the best option for the contractor to recover withheld funds. Contractor success in recovering the funds might occur, but only if they are able to justify their reasoning for the discrepancies at issue e. g., not their fault. If they failed to do so, more likely than not they would suffer a permanent loss of funds withheld.
DCIS disagreed, apparently, and decided to go for the contractor’s jugular; (ultimately they failed to prove their case) guess who they eventually assigned the blame of their failure to? They couldn’t, of course, accept blame for not following Phil’s original recommendation. Perhaps it is better to qualify the significance of this issue by saying “they refused to accept the blame for their investigative failures in spite of being the only ones who wanted to pursue an indictment of the contractor”!
In addition to the first issue of property not accounted for, there was a second issue of inappropriate charges against Government contracts. The two issues are colloquially referred to as cooking the books and kiting. On the cooking the books issue, the true culprit at the helm of the contractor’s indictment woes was other than his senior management. DCIS alleged that the contractor’s senior management was the criminal culprits. I believe the true culprits were the Contracting Officer Technical Representatives (COTRs) of the Navy's Sonar Systems Program Office, Naval Sea Systems Command. [See chapter 2 for a description of COTR duties]
The finagling of these COTRs had been a primary source of lower bottom pain during my tenure at the Manassas, VA, site. To their unearned good fortune, they were successful in not having their improper collusive actions exposed for the public's scrutiny. Their activities are only commented on in this book through poetic license of the author. I viewed their finagling actions as consistent with a cartoonist depiction of conniving devils. I believed them to be at least indirectly responsible for the enormous accounting discrepancies then under investigation by DCIS. Unfortunately, it is improbable that they will ever be held to account for the personal harm and disservice they appear to have fostered regarding the contractor’s failure to follow proper property accounting and oversight goals. Such goals were mandated by operative clauses and agreements in the contracts awarded to them by the US Government.
As a professional Property Administrator, I wondered why the COTR's choose to engage in or lend their credibility to such a damaging unprofessional accounting process; I couldn’t understand what their possible professional motive or other hidden agenda could have been? Good question, but I won’t speculate here on what an appropriate response ought to be.
Of immediate concern to me during DCIS’s investigation, however, was the call one of the COTR’s made to my office in which he communicated "we are going to get you" in reference to my investigative work at the Manassas site. I immediately communicated this incident of telephonic threat to the DCIS investigators—but to no avail, to my knowledge they failed to take action on the complaint. I later found that, typically, DCIS does not or was not known for or expected to support an aggrieved minority in this “we are going to get you” situation. But, as a direct result of this incident of verbal intimidation, I began to wonder if they also played a part in the “kiting” under investigation by DCIS? Such activity would be consistent with my understanding of their ongoing typical behavior.
As importantly, I wondered how the host contractor achieved his unearned success with the Defense Contract Audit Agency (DCAA), they actually accepted the highly questionable $60 million monthly "paper credit” for overcharges born by the Government contracts at issue. Fortunately for the COTR’s, though, Phil couldn’t uncover any direct evidence sufficient to assign them as the behind the scene culprits moving the contractor in the wrong direction; he couldn’t establish actual negligence on their part for the accounting hoax, but he tried.
The problem: COTR’s are involved in the cost approval process, but the monthly $60 million credit being a paper credit only wasn’t challenged as it wasn’t an actual credit posted within the accounting system for charges noted for materials to be consumed on current Government contracts. The materials ordered may have been required for future contracts but were not required, thus not authorized, for current contracts bearing the $60 million cost.
Yes, you can say this is a highly technical area, but the bottom line of the issue resulted in the practice being disallowed by a mandated cost avoidance procedure. It was mandated on the contractor by the Corporate Administrative Contracting Officer (CACO). This result was achieved after a hotly contested battle with the DCAA auditors responsible for the original approval of this highly questionable [kiting] accounting practice. The funding Navy Program Office was found, by DOD procurement officials, to have been remiss in their oversight responsibilities for not having challenged the improper $60 million monthly charge previously.
The bottom line, the CACO and I stuck by our guns and pressed the issue until the $60 million monthly charge was disallowed. A DOD level review was also conducted of this contractor’s financial accounting process, this review also concluded the in place system was inappropriate, further necessitating that the practice be changed. I received a measly $1,500 award for my investigative efforts; it was the best the Government could offer under the circumstances. Meaning I would not get 15% of the cost avoidance saving [$9 million] that would otherwise be authorized under "Qui Tam" procedures, you see, I was a Government employee and the award, if authorized, could only go to non-Government employees, e.g., contractor employees—but I wasn’t a Government (DCAA) auditor either.
When I left the position, after four lively years, I left with the inner satisfaction flowing from personal pride and knowledge of having protected the financial interest of US taxpayers in the $200 million in assets entrusted to this contractor by our Government. I was also gratified by the creative assistance rendered the contractor in developing one of the best property management systems in the US industry, a fact often touted by professionals in a position to know. The Government [DOD] received great benefits, too, and formalized the accounting controls I recommended under what was termed at the time "Material Requirements Planning" (MRP). This MRP concept was mandated for use by all contractors doing significant business, $25 million or more, with the Government.
As stated earlier, I left the Manassas, VA. Job to accept the GM (General Management) position with the Navy's Naval AIR Systems Command and became the Senior Industrial Property Manager, for the "NAVAIRSYSCOM-AIR119." [How’s that for an acronym] AIR-119 was the Navy organization with management oversight with respect to Government employees at, "Naval Plant Representative Offices" (NAVPROs). NAVPRO employees were co-located with the host contractor at certain large aircraft and aircraft engine manufactures, to monitor and provide “Contract Administration Services” (CAS) in support of Navy aircraft and engine manufacturing contractual programs.
At the time of the discussion of the job with the DCMC “Black Box” manager I was satisfied with and secure in my NAVAIR position. Eventually, though, NAVPRO oversight responsibilities [called plant cognizance] transferred to DLA/DCMC. A few months after the transfer, I moved to an equally satisfying GM-13 Team Leader position at the DC Navy Yard.
Back to the Bowling Alley: I engaged in small talk with a couple of league bowlers from my native Pittsburgh, PA, as I mulled over merits of the job offer. I had positive memories of the professional working relationship I was able to maintain with fellow Pittsburghers over the years after I left the Manassas DCASPRO. My thoughts began a nostalgic trip back to the four years spent at the DCASPRO, remembering the high confidence I had in the managerial abilities of the now new “Black Box” manager; how he had been a fair manager and how his word could be trusted, I certainly trusted his word. If I choose to accept his job offer and return to DCMC I knew I would probably reestablish social relationships with previous Manassas, VA, co-workers and perhaps even rejoin the league on a team with bowlers from my native Pittsburgh, PA area.
Again, from a nostalgic viewpoint, the Manassas Pittsburghers and I shared a kind of bonding where we spared no qualms about loudly opposing or criticizing local Redskin-fans, people we were proud to oppose—just because they were Redskin fans. This bonding was typical of those who grow up in the Pittsburgh area and it transcended the differences in our ethnic backgrounds; a social trait typical of Pittsburghers but foreign, or so it seems, to Virginians. I was Black and they White, but we had no qualms that inhibited us from working together in relative harmony; to include bowling, playing poker, and socializing in the local bars with military like camaraderie.
My social personality was typical of one who grew up in the Pittsburgh, PA, area, further molded, positively, by 20 years in the Army. I entered the Army at the tender age of 17 and traversed up the ranks relatively quickly and retired as a Chief Warrant Officer at the age of 38, logistics job specialty. Skills acquired through years of travel to foreign lands and working with people of varied national and ethnic backgrounds provided the kind of cosmopolitan perspective generally expected of those with a worldly as opposed to a drastically limited local mindset/perspective. Meaning I was not limited, intellectually, to only one part of the nations political, social, or commercial life, like many locals (Black and White) encountered. I knew my thinking evolved from a higher more inclusive racial/social perch from which I could more clearly view life’s trials and tribulations, without unique cultural distractions inherent, in a general sense, in local mores/mindsets.
For example: I was unlikely to support narrow local beliefs not in line with the broader more universal scope of understandings about a cultural situation(s) at issue. I believed that within Government, the rules are the rules and should be followed or the rule(s) should be changed, regardless of local social habits and proclivities. To know me was to witness a demonstration of the kinds of interpersonal traits expected of one honed from quick advances up the ranks within the military (Army) culture and successful transition into significant positions within the civilian community. My advancement in the military culture from private to E-7 in four years eleven months, then to Warrant Officer--one, two and the three promotion lists, was indicative of the broad/regimented cultural sophistication expected of a high achiever. Something not typically understood by civilian who appear to have evolved their thinking based on local mores alone, in comparison a highly limiting cultural sophistication factor. Similarly, my quick advancement as a civilian employee was a result of a proven ability to meet ever higher performance goals and standards in jobs I held.
Management awarded me with fast track promotions from GS-11 to GM-13. I was never denied a job or given one on the basis of race alone or unduly hampered in the performance of a job by negative local mores encountered in the work place either. That is, until I discovered my job responsibilities and race were an issue with certain of my “Black Box” co-workers and Air Force trained managers who out right demonstrated the lowest of lows in professional integrity. Collectively they appeared to believe their southern upbringing or Air Force training authorized them to speak and act for the U.S. society at large when, in reality, their views represented a demented old south logic that ignored modern societal rules on racial issues.
Side Bar Comments: directed at the surly nature of continual unprofessional interactions between the races, experiences of note also attributable to race managers in the DLA/DCMC headquarters’ community. Particular emphasis on this issue is directed at those trained in an Air Force environment—those who routinely ignored rules designed/intended to foster good relations by leveling the playing field. Many engaged in actions that clearly did not support universally acceptable professional attributes, for example, found in the Army environment were the rules fostering professionalism in the ranks are followed. The Black Box environment should’ve been under the control of DCMC not the Air Force, but, I remind you, neither of these two entities had clean hands in these matters.
2004 update: I now presume with greater confidence that the underhanded surreptitious ruse actions of entities termed to be Government perpetrators, operating under a false color of authority, played a dominate role to where “they” directed or otherwise greatly influenced racist behaviors of DCMC/Black Box personnel to sanction the numerous hostilities I experienced, it is now apparent (2011) the actions were a continuation of the ongoing ruses captured in this and the other books I authored on these issues—now available as ebooks (2011)!
During the discovery portion of the suit process they (Government/DCMC claimed to “have reasons.” Whatever the reasons claimed they were challenged as nonexistent by the suit, (same challenge applies today) but the Department Of Justice, DOJ, nevertheless, was dismissed from the suit, there was absolutely no justice for this victim of the Government’s ruse process—so the quest for justice continues.
When such “reasons (justifiable)” do not and can not exist—an indication that whatever the reasons claimed they are either the indigestible fruits of “Mental Masturbation gone amuck” or as in the Black Box job, pure racism and retaliation. Victims of such ruses should have some firm recourse to go against the perpetrators, polygraphs test or whatever other similar qualifying test should be employed as a precursor to collecting damages. And after every successful test, perpetrators should be forced to restore the damaged name of victims they unduly subjected to such claims as “our reason for an assumption of guilt is supported by our Mental Masturbation process.” [Rendering their target, as occurred in this case, to become persona non-gratis within the community at large that wittingly or unwittingly supported no merit ruses]
“We” must challenge and soundly defeat that kind of unsupportable logic, perpetrated to often by our Government against the innocent! Some indication of fault or no fault would come up in “Functional Magnetic Resonance Imaging test (fmri) and or polygraph test, for example; failure to utilize these tools only benefits ruse perpetrators and the actions they impose upon the innocent—the effectiveness of the test is not the issue when it is known to be at least 95% effective versus the 100% ineffective results shown in this case and probably many others cases initiated under logic of perpetrating mental masturbators.
I had a top-secret clearance and a long history of proven management successes; I should not have been subjected to this outrageous Government behavior, with no proven or even probable legal recourse to recover damages. Call it racism if you like! Or retaliation if you must! But, the bottom line: we need a countervailing process the EEOC is not the answer: they can be usurped, marginalized and controlled by Government perpetrators of ruse and other aggrieved actions. Actions that, as in this case, can occur continually without the slightest justification, mental masturbation does not count and should not be used as the justification for Government harming action(s).
The No Fear Act and the Notification and Federal Anti-Discrimination and Retaliation Act of 2002 are headed in the right direction but are too limited in scope, involves payment of legal bills in bias and whistle-blower cases—does not address Government ruses, something “we” must do.
My assessment of this environment factored in glaringly abnormal race aberrations which were too typical an occurrence. Interactions too often encountered on nonsensical matters at both the DCMC headquarters and in the “Black Box” environment, it would appear that I was “persona non gratis” without reason. The interactions are easily contrasted through comparison with typical non-Black Box interactions between the races that one/I could conclude were obviously normal.
By comparison, the Black Box incidents appear to be inimical of the bygone era of “Jim Crowism,” an era long ago found to be unacceptable to Government workforces, e.g., except in the Black Box environment. This “Black Box” hostile environment is also appropriately identified through its comparison with the simplistic logic of another bygone era where, with the exception of the Army, when there were vast differences in social logic between North/West and South beliefs that were then considered to be normal, thus appropriate—in spite of the clear ill consequences to minorities and women.
But, in light of their ongoing occurrence in this more socially modern era, the inference is made that the hostile environment is simply a direct result of DCMC’s failure to protect the equal employment and promotion rights of minorities in the work place, regardless of the “now known” third party (NCIS?) retaliatory influence.
My civil and promotion rights being trampled were but a startling example whereby I had no avenue of redress within the DCMC/DLA community. The failures of management in this regard forced litigation by the civil courts as “the only” remedy with consequence for gross violations of rights afforded law-abiding U.S. citizens.
Background Continued: As I continued to muse over the job offer, my thoughts turned to the irony that the Naval Air Systems Command (NAVAIRSYCOM) had hired me under similar circumstances. They sent a letter requesting I apply for their senior property manager position. The previous occupant of the position was a GS-12. They reclassified the position to a GM-13 (General Management) to get my attention and then sent the unsolicited letter for me to apply for the job. I learned later, from my NAVAIR supervisor, (a New Yorker) that my professional reputation of success in dealing with contractors sparked their interest; they had recalcitrant contractors and I had the proven successful technical approach they were looking for.
In the final analysis, I knew I was interested in the job because it included a promotion. The “Black Box” manager knew his offer of a promotion was essential to secure my services. He had used this tactic with success in the past. I would have no good reason not to accept the offer. Actually, I was honored that this person whom I worked for previously wanted me to work for him again. Evidence that I was in deed known to be a highly competent person in the Logistics and property management field.
I informed the “Black Box” manager that I would indeed take the job, but only if he would be the supervisor I reported to. The “Black Box” manager graciously agreed to this stipulation. The manager also knew about my lingering nuisance concern for sleuthing activity of Navy (NCIS) and Defense (DCIS) investigators. The concerns originated during my job activity at the Manassas DCASPRO, he was the senior DCASPRO manager during the period in which the issues evolved, and they continued with added fervor into my NAVAIR-119 and Washington D.C. Navy Yard jobs.
With the supervisor issue resolved, the job deal was done. Fourteen months later, I entered the “Black Box” environment and became the first and only Black Male GM Property Manager in DCMC's Black Box-Special Program environment. I received a letter notification of my acceptance into the “Black Box” (office symbol DASC-RS) two months after I agreed to accept the job. Readers should note that the acceptance letter was issued more than 12 months before I physically joined the organization [top-secret security clearance processing time]. This period will be of greater significance when the time line is detailed in the civil suit. The Government did not acknowledge there was an extended period of time, 14-month, between the agreement and my actual entry into the organization; as a consequence of this arrangement I could not pursue other available promotion opportunities. The acceptance letter is irrefutable evidence of the time lag, as will be shown in the first civil suit—except we now know [2004] the suit was assuaged and diminished in a tainted process that overlooks such matters.
Now that the background of the issues has been covered, let’s delve into the environment of the top-secret organization called the “Black Box,” we’ll start with the initial briefing from the CIA.
Synopsis of CIA Briefing: The first month I received several briefings on the Black Box organization as a part of the orientation to this top-secret environment. One of the notable briefings was provided by the Central Intelligence Agency (CIA), the Grand Daddy of cloak and dagger organization. This is the briefing touted by internal security folks as the one you need to "stay out of trouble." The briefing covered classified topics in terms of "do's and don'ts," and went essentially like this:
"The United States of America has a mandate from the people to maintain its role as the strongest political and military force on the face of the planet. Your organization plays a major part in the maintenance of this role; this classified "top secret” briefing discusses your responsibilities in this regard as members of this elite Special Contract Programs office. You have a major responsibility to protect our national secrets. This entails the concurrent obligation to immediately report any and all suspicious activities directed at you personally or at your job responsibilities. Your strict adherence to and support of the policy concerns in this area are of the highest security interest to your country.”
It is with these kinds of opening statements that the briefer was able to command your full attention. You waited with bated-breath for each word spoken to hear more about the Government interests you are supposed to protect. "Our country's ascension to this exalted position, she continued, owes a great part of the success to those of you responsible for the oversight of our country's Special Contract Programs. It is your ongoing interface with the contractor community, to monitor our Research and Development (R&D) contracts that we attribute many of our technological innovations and war fighting successes to."
Um, there is grater significance to dealing with contractors in this environment than I thought, it is more than just a little unique, I thought, as I continued to listen carefully. "As most of you know” she droned on, “our contractors are engaged in the constant pursuit of technology at the cutting edge of science, to improve our ability to prevail against our potential adversaries abroad and here at home. Your oversight is geared to ensure that we continue to acquire the necessary technology to improve our weapons and our intelligence gathering systems. Through the medium of Special Contract Programs, we will retain our enviable leadership in war fighting technological innovations amongst the nations of the world." So, as a light of understanding blinked on in my mind, this is what “Black Box” programs are about.
The briefer continued to enunciate each word ever so carefully, so as to impart greater clarity of meaning through the inflections and tone of her voice. "Your efforts involve top-secret control issues that are at the crux and heart of the contractual management of R&D programs. The knowledge stored in your heads and the responsibilities entrusted into your hands are of interest to both our friends and foes alike. You must be ever mindful of your security obligation and not disclose any information concerning your work to persons not cleared to receive it, and then only on a need-to-know-basis!"
So I can't discuss my work with anyone, I thought? I wondered what kind of property management work could be so sensitive as to require such high level concerns. "It is just recently, she continued, that the existence of Special Contract Programs became generally known to others in the Department of Defense. As you know, your organization did not appear on any DOD organization chart. Your existence was not widely advertised or openly admitted or even acknowledged by DCMC either, you did not exist as an identifiable structured entity. I wondered about the veracity of her comments, but realized that it was only in the last year or so that I became aware of the existence of the so-called top-secret "Black Box” organization. It had been, you might say, one of the cloak and dagger mysteries of the Defense Logistics Agency. I was further surprised when I later discovered it was not an intregal part of or otherwise directly tied to the other generally known intelligence organizations such as the CIA, DIA, FBI etc., either.
The briefing location was in a narrow sound proof conference room within the Black Box’s vaulted office area, we were crammed into seats around a long table that was obviously too big for the room. I was fidgeting with my pencil and writing pad when a co-worker reminded me that we could not write anything down, because, according to internal security, such notes would have to be classified. Was I impressed by the highly sensitive impositions inferred by the briefer? You can bet I was, but I still wondered what portion of it could be appropriately considered an over dramatization of the facts or pure hype? I hadn't been there long enough to know the answer, so I decided to take the words of the briefer at face value until I had a few more months in the position.
The mere existence of this security conscious environment and the attitude displayed by the people who worked in it screamed "beware of and pay heed to all areas deemed to be of high security concern." Nevertheless, my mind began to wander and I began to lose my focus on the briefer, it had been a long day. The briefer droned on in a monotone voice "this preeminent position must not change as we move into the years of the next century."
If this briefing ever ends, I thought, there will be no doubt in my mind that the enviable position, amongst the geopolitical forces on the planet, was not a function of mere happenstance. I now knew it to be a direct result of the aggressive investments made by our Government in research and development programs at the "cutting edge" of technology. This investment in R&D activity produces weaponry and other hi-tech systems of unparalleled capability in lethality. "Adversaries beware," are the only words of advice that I can offer! The U.S. Government's "Special Contract Programs" are amongst the forces you will have to reckon with, it is the direct link to high technological innovations contracted for by the Defense Department for delivery to the uniformed services.
My, in-house, Special Contract Programs oversight activity was termed to be a type of "compartmentalized" review. Meaning I had access authority to review top-secret activity at cloaked working environments; environments that restrict/prohibit access to the site as well as access to information concerning the work, restrictions that apply to the workers at the site, too. Work related information is passed or provided on a need-to-know-basis only. I had read this snippet of policy in one of the CIA or DIA security manuals (don’t recall which) which also informed that ones rank or status in the special Program office does not authorize access to any information held by others in the organization. Now that's a big difference from my other work environments, I thought.
Finally, the briefing ended at the point where I had just began to fight to keep my eyes open, we had been in this stuffy, cramped, briefing room for nearly two hours without a break. As a result of the briefing, I now had an acute sensitivity to security concerns and a newfound awareness that "top-secret" information regarding ones work could not be shared with anyone who had not been officially authorized to receive it and even then only on a need-to-know-basis. And, in this “Black Box” environment, contractors are afforded maximum latitude of "research ingenuity" to develop the best technological weaponry and innovative systems possible. This is the American way of doing business that results in our development of "Gee Whiz" state-of-the-art systems utilized by our Uniformed Services in support of our Government’s missions and objectives.