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Feb 29, 2008

Comments

Loren

The guy who attacked POGO in the Senate Hearings when it considering amendments to the 1986, False Claims Act, John Boese, he has been able to influence Congress to have jurisdictional bars.(even though they hurt the USA)
Why, because he seems to love defrauded USA accounts, where court actions(by a qui tam person) are barred to pursue the fraud.
And, he makes a bloody fortune invoking those jurisdictional technical defenses for all his big corporate clients, why did Congress not comment on that to bring that out, after the Barney Frank follies on the subprime melt downs.
How much PAC $$$$ does all of Boese's clients traffic in to Congressmen, maybe that might be an area to look at. Boese has his nerve of taking DOJ V POGO out of context in his influence to make the 1986 False Claims ACT ineffective to go after fraud, when the USA is ripped off.
All those fraud protection measures--under jurisdictional bar ruses --are badly hurting the USA.
The USA don't need defrauded accounts, where accountability is blocked, which is just what jurisdictional bars do.
It is shocking that Congress even allowed John Boese to spread his bull, maybe it just wanted it laid out(IN PUBLIC), to see how he has duped the American public for so long, getting rich off of exploiting, and gaming the system.(IN DC beltway etc).
Hopefully, POGO will start pointing out how Boese is the one who links to a DOJ in the DOG House, or allowing Foxy Boese in a lot of hen houses.(his rich trips exploiting jurisdictional bars).
If a public disclosure of fraud, the DOJ usually stands by and lets Boese go in to milk things, as the DOJ does not to go after the fraud--in court.
A jurisdictional bar means no merits can be considered(by a COURT), why is the DOJ keeping that from Congress.(as it does not intervene in 80 % of the qui tam actions filed.
THE DOJ is not a court.... It(DOJ MAIN) now has egg all over its face in the big Oil matter where it did not intervene, and now Congress is looking at the undue influence in DOJ MAIN, given some, pungent odors from Texas.
POGO sure saw that TEXAS influence to cause POGO to be sued in DOJ v POGO.
Instead of protecting the USA accounts, the DOJ retaliates by seeking to smash POGO, because in the late 1980's POGO told Congress of massive unrectifed fraud. What happened. More massive fraud happened later, most of it not rectified ,as seen and revealed on how MMS is a giant milking machine, as massive breakdowns happned in the Dept of Interior.
NO wonder the DOJ seeks to divert attention away from its Texas odor problems.
John Boese and his jurisdictional bars--really disgraceful. When will Congress wise up for the good of America. Drained USA accounts is the last thing the USA needs now, and Congress hopefully will wise up for the good of the NATION.

Bobby RAY

The DOJ DC Bush Administration is for jurisdictional bars to favor crooks who rip off the USA. Congressman Conyers should be on notice of the sorry DOJ history on that given his latest letter to the DOJ AG, Michael Mukcasey in DC. A real Lincoln Law had no jurisdictional bars. Repeat none, NADA, not one provision on jurisdictional bars.
Despite a jury verdict on millions, no money has yet been paid to the USA---that is because of the jurisdictional bars.(making the 1986 False Claims Act a protective measure for crooks). POGO SHOULD SEE that given how the DOJ toyed with it(Its trap doors in the things that went down in Texas, soem real oily things that went on--later pulled as DOJ v POGO)
Those(jurisdictional bars to favor crooks) were supported by subprime Congressman like Barney Frank, who is pro crook helper by his antics in Congress.(now of concern to so many in AMERICA).
Sadly, this is covered up in DC. Like a lot of things in the beltway
But, how much longer will some be able to fool the entire Congress and America, who is in no mood for pro crook protection ruses from some in Congress
So Conyers gets back some snotty letter from AG Mukasey to support Kerr McGee OIL, what else is new.(DOJ never intervened .ya like that has been known for years.)
One thing he (CONGRESS) could do(if it cares at all for America accountability) is move to amend the 1986 False Claims Act to eliminate every jurisdictional bar(that is now helping crooks who rip off the USA), and make that retroactive.(but Frank has impeded a real Lincln law for years)
But, no ---for some time those pro crook protection measures are in the flawed 1986 FCA.
Like the Fannie Mae thing some in Congress were bought off--by large corporations who get billions out of the Uncle Sammy's coffers, and want crook protection measures(in the flawed 1986 FCA) as they kick back some PAC $$$$ to their favorite helpers in Congress
Strange how Barney Frank has been bought off to protect so many crooks, but maybe some rather not look at that, just like some let Fannie Mae drift until all unraveled to bring America to its knees( like a big depression at the door) on the fall out. Figures ,Fannie Mae had Janet Renos DOJ side kick manipulating things over at Fannie Mae(in a top position), after she did he trips at the DOJ MAIN.
America is watching---- Barney Frank is on the radar of causing vast unaccountability, and so Kerr McGee--big OIL-- must be laughing its ass off how it can defraud the USA, and exploit jurisdictional bars, can't Congressman Conyers figure all that out ? Or do some in Congress like OIL company rip offs, after all, despite all their talk, yap yap yap...

Rolando

In Feb 2008 a judge and jury found Berman and POGO violated 18 U S C. 209, and imposed penalities that could result in over $ 350,000.
Ouch. Double ouch
POGO claimed it gave a gift to Berman, who was with the Dept of interior.
Berman was never a qui tam plaintiff.
The money that POGO got to begin with was from some DOJ set up, connected to Mobil Oil.
Some stuff in Texas... a real oil net, like a spider web.
It would be very misleading to note this matter as a qui tam action.
Berman was never a qui tam plaintiff.
The Court found no jurisdiction over POGO'S qui tam complaint.
IT was POGO's so called attorney(son of an ex GOP Congressman in S CA) that facilitated the money to POGO to then go to Berman.(some multiparty sting that was)
Strange(POGO'S so called attorney) and his cut, soomehow that was missing in the POGO equation to mix in Berman.
Which is most eye brow raising.

Lakota Mort

Boese, the lobbyist for the Chamber of Commerce and other fraudsters in assorted industries was making a big deal on POGO, and Berman in the February of 2008 Senate Hearings--his red hearing which was irrrlevant
First: Berman was not a qui tam plaintiff, yet Boese was blabbering to confuse the Senate. He seems to have not pulled the wool over the eyes of most Senators.
Second, POGO was trapped in that Mobil thing, and it seemed to be a DOJ setup, isn't that now obvious the way things unfoldED with doj TRICKERY, AND DUPLICITY
Third, Boese ..(Fried Frank the big defender of fraud from big corporations), just how much money has he made off of his jurisdictional bar traps, which he is lobbying for in more ways. Gee, he is hanging out in that obvious bars to have accountability, like he is anti accountability on USA accounts and assets.
Senate might wonder about that.
Fourth. a jurisdictional bar means the merits can't be considered, so that is a sheild to rectifying fraud.
Finally, the real Lincoln law had no jurisdictional bars.
Thanks POGO for keeping on top of the important issues. Sorry, the DOJ duped and trap you all in the oily sting, called the MOBIL Guld trap, to give Cubin a platform to pull her stunts.
But, step back, that is the dirty game the DOJ was playing toying with POGO, and others.
It was dirty, real dirty hard ball, power triip
Now, we see Boese(the big industry lobbyist) trying to exploit that, when he never revealed the all to the Senate.

Jim

In the February 2008, Senate Hearings on False Claims Act oversight, John Boese from a large D. C law firm(F-F) filed statements with the Senate attacking POGO, he was blowing a cork. If money/ profit are an issue, however, why doesn't the Senate look at all the charge backs of any Boese client(to any federal contracts for his defense, and profits thereform), due to a jurisdictional bar. Such a bar blocks a lawsuit in court from proceeding. THE DOJ is not a court, under the Constitution. Mr Boese loves to throw around the term parasitical to lambast qui tam people, or their lawyers. In the mid 1940's, the term parasitical was invented to attack persons who copied a criminal complaint filed in court, then refiled as a civil action in a civil court as a qui tam action. How many persons did that between 1986, and 2008: NONE, ZERO... Large law firms who have exploited jurisdictional bars to hide corporate fraud are making a fortune, that is the dirty little secret Mike Hertz of the DOJ in D. C. wants to hide from the U S Senate. That is not some high "principle", it is some low accountability.

Jim

Perhaps, the Senators should be sent the decision on Art Williams, which points up DOJ corruption in a federal employee matter( all 36 pages of the decision in the Neher matter, 11th Circuit, in 1995).
It is the most salient matter on point.. John Boese lambasted POGO in his testimony harping on Government employees. However the two persons that POGO gave $$ to were not qui tam plaintiffs. Doesn't John Boese know that, so why is he exploiting that , to miss the boat ? Plus, Boese fudged the numbers he gave to Congress, as he profits from wide jurisdictional bars.
Plus, the matter of the stealing from Tex Pot Dome oil reserves(Wyoming) was not brought up, as the DOJ seems to like many things to be hidden from Congress. Further, it is costly to pursue a qt action, a cost is not a profit. The DOJ make obstruction for peopel to be whole is like a favor to defendants .Moreover, with a 3 trillion Bush Admin out lay, less than 1 % of fraud will be rectified as jurisdictional bars prevent fraud from being rectified.
Additionally, a jurisdictional bar is a bar to the merits being considered, it is not a ruling to vindicate any defendant , that no fraud, yet it blocks a person from pursuing a qui tam action.
The Boulder Daily Camera could disclose fraud, and its news piece could block a law suit in court, but the Camera is not pursuing the fraud in court as a plaintiff Why Fried Frank wants to turn news papers against qui tam people in court is indeed shocking, but he should laid into POGO in his testimony to Congress. POGO is not a person, nor were Berman , who was sued by the DOJ, and Berman was never a qui tam plaintiff.
Less than 10 % of qui tam actions filed on the DOJ are diligently pursued in court, when the DOJ does not intervene.
Why did the DOJ fail to alert congress to that--is it becasue of the impact of jurisdictional bars, no wodner Congress is concerned on how the DOJ is playing so many games, and the hearings in Feb 2008 were only the tip of the iceberg

Axel

Dear POGO, 2/29/2008
Dear Ms. Daley,

I will do my very best to limit or not write a response in the future, although I am again provoked from your tremendous efforts towards accountability that I would like to mention the following. First and foremost for a proper and forthright Democracy with the proper respect and regard to all laws and principles thereof in general and especially our US laws with the endeavors with life, Liberty and the Pursuit of Happiness for All and with the best possible respect and regard for God, Man and Country the death penalty as inacted is improper and against all democratic endeavors as I just mentioned.

In direct response to your efforts within this Article, please allow me to note what I believe is also the obvious that is not mentioned and/or implied in my hastily and quick read of your Article as transcribed from another Senatorial/Congressional Hearing that fails to metion in civil procedure (whether or not derived from a Criminal or other venue of litigation) is to MAKE WHOLE. Please note that even though I am not an Attorney, although I and as I would assume a reasonable person would concurr that this should be the base of Litigation discussion that is noticably absent from these exchanges in many expected areas within these exchanges. Please note that there are civil litigations that continue to this day from original filings and agreements that are 100 years in progress. Also and especially in Appeals process that to my comprehension that Appellate Courts have a clearly defined and distinct Responsibility to act in accordance with "Teaching Principles.!!.

Please note that how can you have a proper and forthright Accountability and Democracy if the facts, truths and or evidence is corrupted, deceptive, conived and/or unable or unavailable to be heard??????????????????? The answer is obvious!!!!!!!!!!!

I would again suggest to the readers of this Article to also apply (axel in the search box on this POGO website) of my other replies to more fully comprehend and understand my replies within this and again, another superb and excellent Article from POGO and also my replies within the past year on the GAP, Government Accountability Project website for further and more comprehensive reading within my blog comment replies.

Thank you and all for your time and consideration.

Sincerely,
Axel

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