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by Alexander Hamilton
Tuesday, Nov. 30, 2004 at 11:51 PM
Gross Corruption reported to CONGRESSMAN HUNTER and others only met with retaliation by Federal Agencies..
Federal Officer prosecuted for "medical/ mental incompetence" for whistle blower letters to Congress.............
To: U.S. Senator Feinstein
Guillermo Gonzalez/ Deputy State Director for Senator Feinstein
11111 Santa Monica Blvd., Suite 915, Los Angeles, Ca., 90025
From: Eric N. Shine 714-362-7491
19185 Shoreline Lane, #1, Huntington Beach, Ca.., 92648
Re: Whistle blowing and human rights violations in response to and for my continued
reports on Waste, Fraud, Abuse, Gross Mismanagement, Labor Racketeering and systemic dysfunctions within valid Federal Service of the U.S. MERCHANT MARINE and systemic failures and corruptions in the maritime industry.
Dear Senator Feinstein and Deputy State Director Gonzalez,
I respectfully request, as per our conversations, full investigation and audit of complex programs of all components, that together comprise our U.S. Merchant Marine and maritime industry. This is requested due to flagrant corruptions I've knowledge of, witnessed, seek corrections and redress upon, and ability to report on more fully. Investigations and hearings are requested to include Shipping Companies like CSX/ Matson/ ASM, and Federal Agencies like Military Sealift Command/ Naval Fleet Auxiliary Force that employ Federal Maritime Officers and the representative Federal Officers Labor Unions. Basically all components of the U.S. Merchant Marine and focused on access of personnel of the U.S. Merchant Marine to proper, respective industrial systems of due process as valid Federal Officers. I'll provide greater detail in recorded testimony.
This includes violations of Constitutional and Human rights of Federal Officers, like myself, imbedded by Congress in an industry affecting "Commerce" and "Transportation." Since the fledgling Department of Homeland Security ["DHS"] and its U.S. Coast Guard ["USCG"] component, and other Federal Agencies are involved, but have only added to retaliations, suppression of information, denial of due process on my reports and rights, if not direct sources of ongoing complaints of overt retaliation and human rights violations, neither can hope to objectively investigate, nor address, or correct systemic dysfunctions. Who best to handle this is unknown. Whistle Blower matters are always extremely politically charged and independent investigation of what's gone on, including related judicial matters is appropriate. I must defer decision to your offices and hope that you would include more investigating parties in the process, rather then less.
Importantly, it is requested current, deferred or associated “investigations” or “proceedings” regarding myself, presently with the DHS or USCG be immediately passed to the National Transportation Safety Board ["NTSB"] for concurrent investigations, and hopefully to a six-member, non-partisan Panel, and the NTSB and others. We, as Federal Maritime Officers are supposed to have our own neutral, third-party "Licensed Personnel Board", yet it has been improperly dissolved and is core to current disputes. It is further requested full, accordant pressure be applied to the US Coast Guard Commandant to finally pass or rule on related appeals filed in regards to improper counter-prosecution of myself for valid whistle blowing and civil complaints. To have counter charges against me dropped and proper remuneration addressed by Congress or impartial Board as is expressed statutory will of Congress, and importantly address global concerns I've attempted to report and proven by example. The matters with DHS are requested to be passed to NTSB for proper investigations and hearings of initial, on-going complaints and not continue a focus on individuals [like myself] who might attempt to report gross corruptions in complex marriages of enormous State, Federal and Private Programs. Its requested initial investigations be in-person, with recorded oral testimony by me to orally express a detailed roadmap of complex corruptions in the U.S. Merchant Marine. I've been denied due process or accordant hearings in USCG Administrative proceedings, even in District Court on a Civil Rights complaint, where all matters require hearings as mandated by Federal contracts [Shipping Articles], Constitution and statutory authority.
Its requested investigations focus upon and include practices and procedures of Federal Agencies and how they affect, if not clearly deprive the U.S. Merchant Marine of contractual, Civil, even Human Rights as valid Federal Officers and American Citizens. Its requested Offices of the Senator and Congress liaison with, and be directly involved in ensuring investigations and hearings maintain focus on real problems, not against those reporting them, especially due to involvement of even our Judiciary in what's gone on. That hearings not be directed upon individuals like myself who have and continue to attempt to report corruptions from within Article I, II, and III proceedings, and tried to do so without unwarranted influences in oral hearings, with little or no success. Any investigation and hearings should be guided toward recommendations for corrections and redress. Congressional involvement with investigations carried out minimally, by one of the many involved Inspector General's Offices, the NTSB, and possibly O.M.B. and G.A.O., and an independent Panel would be appropriate due to long standing nature and type of corruptions, sums of money, and high-level and varied position of involved personnel including Federal Justices. Full Congressional hearings similar to the McClellan Committee of 1957 is in order due to nature and breadth of involved matters spanning all Branches of Federal Government. Similar systemic dysfunctions experienced in our Airline Industry prior to 9/11 now affect the U.S. Merchant Marine as well, posing a threat to Commerce, Trade, Transportation, Civil Defense and National Security.
I request whatever group of Agencies the Senator and Congress might involve or send this to, either I.G.'s, NTSB, Congressional O.M.B. and G.A.O., or others toward initiating factual, event driven investigations, that any such group be empowered with full Congressional authority. This is requested so investigations remain unencumbered no matter where they might lead to, who might be involved, or how they might be involved. Again, it is requested to focus on correction and redress. It is again respectfully requested its scope and structure be an independent Commission formed by Congress, rather then a Federal Agency due to complexity and involvement of so many Federal Agencies, Departments and high-ranking Federal and private personnel. Part of the problem herein in all of this, is that it is overtly politically and economically charged, if not even idealogically motivated. This, as to a Congressionally constructed Commission is requested due to complexity of our U.S. Merchant Marine, and so investigating authority may cross inter-Agency boundaries without impediment. Federal Agencies actively involved are strongly protectionist due to vested interests, funds and programs as each pays for and employs directly or indirectly, U.S. Merchant Marine Officers. In order to facilitate investigations agency impartiality and Congressional oversight are prerequisites. A subsequent report of findings on unabridged recommendations to Congress is requested. Investigations should begin immediately as matters bare upon and affect not only myself personally, but larger issues of Civil even Constitutional Rights for all personnel of the U.S. Merchant Marine as integral and inseparable to issues of Civil Defense and National Security. However, these are not matters to remain "classified" as further subversion only allows corruptions to remain without correction. Recommendations should focus on “fixing“ far-reaching, long-standing problems and corruptions I’ve attempted to report regarding the U.S. Merchant Marine and not only for myself, but for all Federal Maritime Officers irregardless of Federal Employer. Moreover, how adverse affects upon personnel of the U.S. Merchant Marine affect other American's safety and security as was seen on 9/11 due to failures in that portion of our Transportation systems.
I request investigations focus on violations of contractual, civil, constitutional and human rights of myself, as but a focal example due to lengths many Agencies and personnel have gone to ensure I not be heard, but in fact for all Federal Maritime Officers and proper initial, but now absent system of industrial due process of our Licensed Personnel Board. In addition, current subsequent inability to properly find any venue to enforce our individual and independent contracts known as Shipping Articles as Articles of Agreement with the United States and broad contractual, civil and human rights arising there from. Additionally, to address lack of any proper venue for due process as set forth by Congress which are all unassailable by seemingly any Federal Maritime Officer in State Court, Federal District Court, Appellate Circuit Court or from within any other truly neutral third-party venue where we are to have standing under 28 USCA 1916, 46 USCA 688 and other statutory authority. This is akin to U.S. Military losing the Uniform Code of Military Justice and Courts and system to administer it, if not further somehow losing sight of our U.S. Constitution its intended to protect and exemplify.
Our entire Federal Contract, or Shipping Articles as Articles of Agreement with the “United States” as valid Federal Officers have been dissolved without consent of Congress and only to the personal and corporate enrichment of others, and injury to other State and Federal Programs. This only as its "administered" by so many various parties without proper oversight. This has occurred due to gross corruptions of process and procedure in a very complex industry. This also occurred well before institution of DHS or Patriot Act by corruptions in and between Federal Employers, involved Federal Agencies and various Federal Officer’s Labor Unions. Violations and abuses began as early as the 1970’, and have carried on since, continuing, only growing worse in the 1980's and early 1990's and now with recent introduction of Homeland Security and Patriot Acts. Many involved parties have taken great license with these new provisions that interfere with Constitutional and Civil Rights which are indeed and in fact Human Rights. I've experienced personally, a protracted series of abuses of broad contractual, institutional, civil if not clearly human rights violations under complex programs of un-American, non-Constitutional activities playing out in the U.S. Merchant Marine and tangential, associated rights and institutions that pose a grave threat to continued Constitutional rule.
This involves even Federal District Courts in San Diego/ Los Angeles, and Ninth Circuit Appellate Courts from own personal experience where I attempted to be heard and report on what is going on and find redress not only for myself, but address gross corruptions and seek broader corrections. Instead, I was routinely, consistently and repeatedly denied so much as a hearing in all proceedings. This includes even hearings on Civil Rights Complaints. Due to various overlapping involved jurisdictions and Agencies and personnel, its requested NTSB, OMB, GAO and other Agencies your offices feel appropriate, be given broad powers to obtain data from all components comprising the U.S. Merchant Marine and compile and prepare data as to the present state and status of the U. S. Merchant Marine and civil and human rights of its personnel. Furthermore, that immediate actions be taken to secure my position and preserve documents and information I've compiled so as to facilitate and ensure the investigation process and corrections.
I further request immediate personal protections and considerations be afforded to me, due to a high degree and number of retaliations and assaults that have already been pressed upon me and I have been forced to endure in my attempts to report these matters to Congress over the past several years as a valid Federal Officer. In present economic and political climate, the United States can ill afford to allow this level of corruption to continue as it involves b-i-l-l-ions of dollars in theft and misappropriations and goes to the heart of current and long term problems of Civil Defense as integral to National Security.
Eric N. Shine
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