Awesome; "Former Federal Investigator Says Government Didn't Investigate Wells Fargo Whistleblower Cases"

Six years ago, two Wells Fargo employees filed whistleblower complaints with the federal government.  They sent their cases to the Department of Labor’s Whistleblower Protection Program, which is administered by the Occupational Health and Safety Administration.

But an investigator [Darrell Whitman] who reviewed cases for the agency says no one actually investigated the complaints.

I spoke with the local FBI agent who I gave info to in 2012

on October 12, 2016, who didn't know much about the issue,

as he sent it up to the FBI's Economic Crime Unit Division of the Department of Justice

http://hartzman.blogspot.com/2013/10/hartzman-v-wells-fargo-subpoena-fbis.html

...Whitman worked in the agency’s San Francisco office from 2010 to 2015.  He says in May 2010, OSHA received two complaints from former Wells Fargo employees who claimed the company retaliated against them for raising red flags about the bank’s business practices.

I blew a couple whistles on Wells Fargo to the same crowd in 2013, 

and lost three years of my life for it,

as it looks like OSHA's investigation wasn't much of one

as it was already reported to appear illegal by former SEC officials,

which wasn't included in the final report.

Whitman says instead of investigating, the agency held the complaints for six months.  He says in November 2010, after the two complainants decided to file federal lawsuits against Wells Fargo, his supervisors assigned him the cases simply to close them.

“They assigned it to me only for the purpose of dismissing the complaint,” he said.

...a win, Whitman says, would have required OSHA to provide details about the complaints to banking regulators, which could have prompted them to take corrective action years ago.

...Last year Whitman filed a retaliation complaint of his own after he was fired.  The complaint is pending before the Office of Special Counsel, which reviews retaliation claims submitted by federal employees."

http://www.nbcbayarea.com/news/local/Former-Federal-Investigator-Says-Government-Didnt-Investigate-Wells-Fargo-Whistleblower-Cases-397518261.html#ixzz4NdIhKqYx
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from: George Hartzman
to: "Peterson, William - OSHA" <Peterson.William@dol.gov>
date: Sat, Oct 15, 2016 at 9:46 AM
subject: O"OSHA refers whistleblower complaints to the relevant federal regulators to investigate."

http://www.reuters.com/article/us-wells-fargo-accounts-whistleblower-idUSKCN12D2M0?il=0

Were either of my issues refered to any other federal organization?

g
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from: Peterson, William - OSHA <Peterson.William@dol.gov>
to: George Hartzman
date: Mon, Oct 17, 2016 at 8:44 AM

Mr. Hartzman,

Inquiries regarding complaints/investigation against Wells Fargo should be directed to:

Antione Robinson
Assistant Regional Administrator
Whistleblower Protection Program
(678) 237-0445
robinson.antione@dol.gov

Mr. Robinson is located in our Atlanta Regional Office.  He may address your questions or he may refer you to a designated point of contact in the National Office.  I do not have your case file as it is either at the Atlanta or National Office.   In SOX complaints, OSHA notifies the SEC of the receipt of a retaliation complaint, and of any OSHA Findings.   If you have additional questions, you should contact Mr. Robinson.

Sincerely,

William Peterson
Regional Investigator
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from: Robinson, Antione - OSHA <Robinson.Antione@dol.gov>
to: George Hartzman
"Peterson, William - OSHA" <Peterson.William@dol.gov>
date: Mon, Oct 17, 2016 at 10:15 AM

Mr. Hartzman,

Yes they were referred to the SEC so they have a copy.

A copy of a finding of no merit after Rolling Stone found likely securities fraud

per former SEC officials, which the SEC didn't act on

for the benefit of Wells Fargo.

Regards,

Antione Robinson
Assistant Regional Administrator
Whistleblower Protection Program
(678) 237-0445
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from: George Hartzman
to: "Robinson, Antione - OSHA" <Robinson.Antione@dol.gov>
cc: "Peterson, William - OSHA" <Peterson.William@dol.gov>
bcc: ombudsman@ncdoj.gov
date: Mon, Oct 17, 2016 at 10:59 AM

So there was not one criminal referral?

There was no finding of any crime because Wells Fargo said so?

But now a judge says; "the court finds that Plaintiff has met his burden of pleading an objectively reasonable belief regarding Wells Fargo's alleged failure to include the receipt of federal monies in its [Securities and Exchange Commission] (SEC) filings" and "Plaintiff alleges both that the Securities Division of the North Carolina Department of the Secretary of State found enough merit to his concerns on this issue to refer them to [the Financial Industry Regulatory Authority] (FINRA) and the SEC, and former SEC officials who were interviewed about the issue found plausible violations among his concerns." And "If financial experts and the SEC itself were concerned about the materiality of these non-disclosures and possible violations of the securities laws, it is contrary to reason to find it unreasonable for Plaintiff to have believed they were violations as well"...

And your investigation and this finding occurred after the Rolling Stone article, which cited SEC personel stating they considered the disclosures illegal.

Yet you found nothing illegal after it was reported to be likely illegal?

There are thousands of Wells Fargo clients being lied to on their monthly statements.

Please investigate and respond.

Was there a criminal referral from William Peterson or any of his superiors to any federal regulatory organization deriving from my investigation?
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from: George Hartzman
to: "Robinson, Antione - OSHA" <Robinson.Antione@dol.gov>
cc: "Peterson, William - OSHA" <Peterson.William@dol.gov>
date: Mon, Oct 17, 2016 at 1:03 PM

Please provide a copy of the file.
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from: Robinson, Antione - OSHA <Robinson.Antione@dol.gov>
to: George Hartzman
date: Mon, Oct 17, 2016 at 1:44 PM

Mr. Hartzman,

Your complaint and subsequent investigative findings were submitted to the SEC in accordance with our normal policies.  If you would like a copy of the file you would need to submit a FOIA request by sending an email to foiarequests@dol.gov.  Complainant’s are entitled to one free FOIA.

All these OSHA and DOL folks are doing is covering their asses   

at the expense of the law and my family

Regards,

Antione Robinson
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from: George Hartzman <hartzmancpe@gmail.com>
to: "Robinson, Antione - OSHA" <Robinson.Antione@dol.gov>,
foiarequests@dol.gov,
"Peterson, William - OSHA" <Peterson.William@dol.gov>,
[Howe.Mary@dol.gov,
Guenther.Megan@dol.gov]
date: Mon, Oct 17, 2016 at 1:58 PM

Per Antione Robinson, please provide the entirety of my case file associated with the attached Secretary Findings on July 2, 2013, after Matt Taibbi wrote "Two former high-ranking financial regulators tell Rolling Stone that the secret loans were likely subject to a 1989 guideline, issued by the Securities and Exchange Commission in the heat of the savings and loan crisis, which said that financial institutions should disclose the "nature, amounts and effects" of any government aid." on January 4, 2013.

Please acknowledge the receipt of this email.

Thanks,

g

http://seekingalpha.com/article/4011628-wells-fargo-wachovia-fed
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from: George Hartzman
to: "Robinson, Antione - OSHA" <Robinson.Antione@dol.gov>,
foiarequests@dol.gov,
"Peterson, William - OSHA" <Peterson.William@dol.gov>,
George Hartzman <hartzmancpe@gmail.com>,
Mary Howe <Howe.Mary@dol.gov>,
Guenther.Megan@dol.gov
date: Tue, Oct 18, 2016 at 10:12 AM

Please acknowledge the receipt of the FOIA request and a timeline of when the material will be provided.

This issue is time sensitive as I have involved in a federal court proceeding.
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from: Karamoko, Arginia - SOL <Karamoko.Arginia@dol.gov>
to: George Hartzman
cc: "Oliver, Ramona - SOL" <Oliver.Ramona@dol.gov>,
FOIA OSHA <OSHA.FOIA@dol.gov>
date:  Wed, Oct 19, 2016 at 7:25 PM
subject: Acknowledgment
mailed-by: dol.gov

Mr. Hartzman:

Your request has been assigned to OSHA with tracking number 816387. When they begin processing it, you will be able to track its progress at www.dol.gov/foia. If you need to contact them about it for any reason, please submit your inquiry through osha.foia@dol.gov or phone 202-693-1999. In addition, it would be helpful to include the tracking number in the Subject line of any submission to the agency or to have it available at the time of your call.

Sincerely,

Arginia Karamoko
Government Information Specialist, Office of Information Services
Office of the Solicitor | Management & Administrative Legal Services
U.S. DEPARTMENT OF LABOR
200 Constitution Ave., N.W., N-2420 | Washington, DC  20210
T: (202) 693-5531 | F: (202) 693-5389 |  E: karamoko.arginia@dol.gov
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Previously;

North Carolina's Consumer Protection Division doesn't really care about helping Wells Fargo's clients

http://greensboroperformingarts.blogspot.com/2016/10/north-carolinas-consumer-protection.html

The CFPB didn't do anything about Wells Fargo until the LA Times did

http://greensboroperformingarts.blogspot.com/2016/10/the-cfpb-didnt-do-anything-about-wells.html

I received a call yesterday from the following two Department of Labor personnel

http://greensboroperformingarts.blogspot.com/2016/10/i-received-call-yesterday-from.html

Dear George Hartzman


http://greensboroperformingarts.blogspot.com/2016/10/dear-george-hartzman.html

This is so wrong...It's like our City has lost it's mind...with the help of the News and Record for the lack of rational oppositition

Councilmember Not Naming Names But Definitely Kicking

John Hammer; Wednesday, March 16, 2016 11:40 PM

The current City Council constantly touts the need for economic development and to be business friendly.

For Roy Carroll

Mayor Nancy Vaughan says the city needs to have a “say yes” attitude.

For Roy Carroll,

by his boy toy John Hammer

While the city staff at times appears to be doing everything in its power to thwart economic development and make opening and operating a business in Greensboro as difficult as possible.

Roy Carroll bought and paid for all of City Council with campaign contributions 

and the News and Record and especially Jordan Green from Triad City Beat

won't touch Roy's Rhino for fascistic acts meant to line Roy's pockets

City Councilmember Mike Barber has finally had enough and, on Tuesday, March 15, he sent a strongly worded email to Vaughan, his fellow councilmembers and senior city staff.

Which Mike had to have copied Carroll and Hammer on

knowing the likely result of some propaganda supporting Roy's profits,

as it would have taken an actual reporter months to receive 

via an information request

Barber doesn’t name any names in his letter, but he is clear that he wants immediate action concerning at least one member of the city staff.  Barber refused to identify the employee he wrote about.

Roy Carroll has his fist up Mike Barber's ass

and Mike is loving the attention

 Barber’s email states, “We have an individual working for our city that is consistently identified as someone who is inflexible, provides poor customer service, and does not collaborate with colleagues on customer service matters, among other issues.

Think everyone at the executive suite at the City

doesn't know who Mike's talking about in public?

I have brought incidents and issues to the City Mgr and his staff on numerous occasions for months.

So the City manager and his staff knows exactly who Barber's talking about,

and Mike let the public know via Roy's boy

The latest incident was a meeting where multi-million dollar investors in our city were present, and this team member’s name came up as a BARRIER to further investment in our city.

Who were the investors Mike?

Anyone who's given to your campaigns?

I believe the Mayor was in attendance.”

If Mike Barber just leaked an employee complaint,

he just violated North Carolina and most likely federal employment law 

barring retaliation against one of the City's employees

for the benefit of Roy Carroll and Marty Kotis via John Hammer,
by publicly outing a City employee for inhibiting the rape of taxpayer monies
by Barber's campaign contributors

Vaughan said she was in attendance and the incident happened when she was at a retail trade show in Charlotte with developer Marty Kotis talking to people about the advantages of coming to Greensboro.

Who?

Vaughan said they were discussing a project underway in Greensboro with an out-of-town developer already involved in the project.

Who?

Vaughan said that Barber’s statement was a bit of an exaggeration and what she remembered being said was, “So and so was just being his typical self.”

Vaughan and Barber just set up whomever they were speaking of 

with a solid case of workplace harassment and retaliation with malice,

as they were favoring a campaign contributor 

by making humiliating statements about a City of Greensboro employee

and then openly discussing the situation with Roy's John Hammer

Vaughan added, “I thought it was very enlightening that it happened.”  She said she was surprised that this out-of-town developer knew the name of this particular city employee.

Nancy Vaughan just ruined someone's career

Vaughan would not reveal the name.

Openly overt harassment of a City employee by Nancy Vaughan

who kept a Don Vaughan employee paid off the books in violation of payroll law

with the tacit consent of the News and Record and local law enforcement authorities

Vaughan said it was a personnel issue so she took it up with City Manager Jim Westmoreland.  She said, “I don’t believe in putting something like that in an email and putting it out there to score points.”

However, Vaughan said, “I do think something should happen.”

Nancy Vaughan should resign

for costing the City of Greensboro taxpayers what looks like a lot of settlement money 

Vaughan said, “We need to have a culture of yes that needs to permeate throughout the organization.  People need to understand that we have an obligation to find a solution if possible.”

For Vaughan's campaign contributors Roy Carroll and Marty Kotis

Vaughan added, “By and large I think we have great city employees, but we have one or two in key positions who are problematic.”

Public humiliation and retaliation by Greensboro's mayor

Vaughan said about her conversation with Westmoreland, “What I would hope is that Jim takes this very seriously.  Jim has to be accountable for the decisions he makes or doesn’t make.”

Mayor Vaughan threatening the City manager with retaliation 

if Roy and Marty's demands are not met

It sounds like Barber and Vaughan are on pretty much the same page, with the notable exception that Vaughan isn’t too fond of Barber’s methods.

Barber’s email continues, “Let me be plain, if this employment issue is not addressed immediately, I will ask my colleagues to consider changes at the department head level or higher, until someone acts.  This has already been discussed over the past months.  Please feel the gravity of this action item.”

If Barber was stupid enough to forward the email to Hammer, 

he should resign immediately for violation of personnel procedures 

...Lately, Barber has been the go-to-guy for development issues.

Roy and Marty's Barber on the spot

He has had onsite meetings with Assistant City Manager David Parrish to handle delays that should have never been a issue and that never should have reached the level of having an assistant city manager and a councilmember out walking a construction site trying to solve problems that the city staff created.

What delays specifically?

Barber would not comment on the email other than to say, “People get so caught up in the repercussions of good management that they become bad managers.  They won’t address problems because they know it will be painful.  What they forget is it is a lot more painful to keep someone on the team who doesn’t want to be on the team.”

Personnel procedural violation by Mike Barber

The city staff has said one problem is that they need more people.  Some of those who have to work with the city see things differently and think that the problem is too many employees with too little to do.

...What could be done in a day takes three days, a week or more.

Other cities faced with similar issues have reduced staff and found that with employees busy, instead of looking for work to do, everything ran smoother.

It sounds absurd, but one of the city staff’s solutions to the growing complaints from contractors and developers is to redecorate the area where people go to get permits and plans approved.  Evidently the city staff is under the impression that a smiley face on the wall and a cheerful paint color is going to make getting plans sent back for the third time unapproved easier to swallow.

Roy Carroll is a fascist

and John Hammer is his propaganda arm

The problem the City Council has with the whole issue is that the City Council only has two employees – City Attorney Tom Carruthers and the city manager, Westmoreland.  Since this is not a legal issue, it only involves Westmoreland.  The City Council can order Westmoreland to take action, but the City Council can’t order any other employee in the city do anything.

http://www.rhinotimes.com/Content/Default/One-Click-Reading/Article/Councilmember-Not-Naming-Names-But-Definitely-Kicking-/-3/6/1098
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Don't expect any reaction from the News and Record, Triad Business Journal, Yes Weekly or Triad City Beat...

Whomever the employee is, it's time to lawyer up.

Please contact me for details