Important Note: This article is a work in progress. I am waiting to hear back from several people to make sure the attached documents and descriptions match. I am also waiting on other supporting documents and descriptions. We will use this as an appendix for corruption at the USG in Georgia that will be updated as needed.
The United States purports itself as the guardian and standard-bearers for democracy and justice for all throughout the world. Although we get a lot of things right, I don’t think anyone would argue we also fall short in many areas. We are not perfect and few rational people would claim otherwise. The recently released torture reports shows we have a long ways to go.
Although much of the national media attention has been focused on police abuse, an area that is often overlooked is corruption and abuse of power within the government itself. Whistleblowers are often harassed and even fired after they do what is legally, morally, and ethically the right thing to do. Instead of being rewarded for doing the right thing they are often punished and even made unemployable.
I have complied a list of just a small sampling of cases here in my home state of Georgia where the government seems to have failed it’s citizens on many levels. In fact as you can see from the photo Georgia ranks 50th in the country among states and is considered to be the most corrupt of all states. Below are several instances where few could argue that justice was served and certainly proves that corruption is not limited to areas like Russia, South America, Africa, India and so many other places when we think of corruption but is very much alive and well in the United States.
Table of Contents
Georgia public officials implicated in University System corruption scandal.
Pervasive and systematic criminal fraud has been documented, and even admitted, throughout the University System of Georgia (USG), involving everything from the disappearance of over $9 million–accompanied by knowing falsifications of the accounting records—to the documented fabrication of evidence against USG employees who reported corruption in the system. Despite the documentation of criminal activity, the Attorney General of Georgia has defended the USG employees implicated in the scandals instead of prosecuting them, and judges have routinely dismissed civil suits against the same USG officials without allowing the documented facts of the criminal activity to be presented to a jury.
Here is a summary of the DeKalb Superior Court’s findings immunizing criminal conduct by state employees:
*Theft of state and federal funds, and knowing falsifications of state agency reports to cover it up (criminal offenses under the RICO Act), are immunized under the tort exception for negligence in the “financial oversight “duties of state employees.
Takeaway: state financial oversight can include theft of funds and knowing misrepresentations of accounts. In this case, it is undisputed that over $9 million in state and federal funds is missing.
*Knowing dissemination of misrepresentations of state agency business via mail and wire to further a fraud or artifice, in violation of federal mail and wire fraud statutes and the state computer fraud statute (criminal offenses under the RICO Act), are immunized under the tort exception for defamation by state employees.
Takeway: Not only can state employees intentionally defame anyone for any reason without consquences, they can do so using criminally falsified state agency reports, and disseminate them over the wire in violation of state and federal criminal statutes.
*The above criminal offenses by state employees, many of them admitted, are immunized by the tort exception for “exercise of administrative functions.”
Takeaway: Computer fraud, extortion, and theft by deception are, according to the Order, discretionary administrative functions of the state.
Meanwhile, regardless of the question of civil liability, the Governor has not responded to the request to appoint a special attorney general to conduct a criminal investigation.
This is part of our continuing CIG (Corruption in Georgia) Project.
If you are interested in corruption in other states or of many more examples throughout the United States I encourage you to visit the Center for Public Integrity which has reports for all 50 states and much more information about pervasive corruption throughout the U.S.
Georgia public officials implicated in University System corruption scandal.
Pervasive and systematic criminal fraud has been documented, and even admitted, throughout the University System of Georgia (USG), involving everything from the disappearance of over $9 million–accompanied by knowing falsifications of the accounting records—to the documented fabrication of evidence against USG employees who reported corruption in the system. Despite the documentation of criminal activity, the Attorney General of Georgia has defended the USG employees implicated in the scandals instead of prosecuting them, and judges have routinely dismissed civil suits against the same USG officials without allowing the documented facts of the criminal activity to be presented to a jury.
Here is a summary of the DeKalb Superior Court’s findings immunizing criminal conduct by state employees:
*Theft of state and federal funds, and knowing falsifications of state agency reports to cover it up (criminal offenses under the RICO Act), are immunized under the tort exception for negligence in the “financial oversight “duties of state employees.
Takeaway: state financial oversight can include theft of funds and knowing misrepresentations of accounts. In this case, it is undisputed that over $9 million in state and federal funds is missing.
*Knowing dissemination of misrepresentations of state agency business via mail and wire to further a fraud or artifice, in violation of federal mail and wire fraud statutes and the state computer fraud statute (criminal offenses under the RICO Act), are immunized under the tort exception for defamation by state employees.
Takeway: Not only can state employees intentionally defame anyone for any reason without consquences, they can do so using criminally falsified state agency reports, and disseminate them over the wire in violation of state and federal criminal statutes.
*The above criminal offenses by state employees, many of them admitted, are immunized by the tort exception for “exercise of administrative functions.”
Takeaway: Computer fraud, extortion, and theft by deception are, according to the Order, discretionary administrative functions of the state.
Meanwhile, regardless of the question of civil liability, the Governor has not responded to the request to appoint a special attorney general to conduct a criminal investigation.
The following are just a few examples of documented criminal activity, and subsequent cover-ups, in three different USG institutions. The University System of Georgia oversees all public colleges and universities with the state of Georgia.
Attorney Letters to Governor Deal and Atlanta Journal Report
Attorney Letter To Governor Nathan Deal: Letter Dated January 12, 2015. This letter gives a good explanation of the various corruption and RICO violations and request Governor Deal to take some action with an investigation since Attorney General Sam Olens has not performed the duties of his office and has in fact interfered and hindered an investigation. It asks for a special investigator to be appointed.
Investigator sought to examine ex- University System employees’ cases- Investigative report article published in the Atlanta Journal and Constitution newspaper.
Original and more detailed Attorney Letter to Nathan Deal – dated October 31, 2014. This was the original letter sent to Governor Nathan Deal which asks for a special investigator. It also goes into much more detail about the cases than the second and newer letter above.
The Case of Denise Caldon
Former Macon State College President David Bell: falsified the personal leave reports on which his state pension is based to cover up the mental condition that rendered him incapable of performing his job duties. He fired his 15-year personal assistant Denise Caldon soon after she objected in writing to the falsification of the leave reports, which violates several Georgia criminal statutes
USG (University System of Georgia) Secretary/General Counsel Burns Newsome: recommended that the Regents uphold Caldon’s dismissal-–admittedly without ever investigating her whistleblower allegations.
USG (University System of Georgia) Board of Regents: dismissed Caldon’s appeal of her firing, based solely on Newsome’s recommendation, without ever reviewing the facts of her case, as admitted under oath by Regent Doreen Poitevint.
Attorney General Sam Olens: in conjunction with Judge Downs, has kept all records of Bell’s falsification of leave reports sealed from the public view. Olens has never investigated Bell for fraud in falsifying official state agency reports to increase the amount of Bell’s pension, which he continues to receive today in the amount calculated based on the falsified reports. See proof in links below.
Attorney general Non-Transparency Georgia BOR and USG
Attorney General Fourth Opposition Caldon vs. BOR
The Case of Dr. Anthony Tricoli
Order Granting Dismissal Judge does not find Defendants innocent, but grants Sovereign Immunity to protect state employees from being prosecuted for crimes committeed while they served as employees of the State of Georgia.
Notice Filing Motion Sanctions President Tricoli files a mountain of evidence documents proving that crimes were committed agains him by USG and GPC officials.
Plaintiff’s Reply to Motion To Dismiss Attorney General and USG wants RICO lawsuit to go away. They do not want his case to go before a jury trial. The recommend tort lawsuit instead so they can gain a Sovereign Immunity finding by the court.
Supplement to Notice of filing Contract Evidence Attorney General asked for the case to be dismissed due to lack of an employee contract, however; Dr. Tricoli shows proof of that contract, evaluations and uch more.
Motion For Stay Interlocutory Injunction is ignored by the judge. Injunctive relief would have put Dr. Tricoli back into his job, and tossed Sovereign Immunity defense out.
Attorney Letter to Judge Coursey regarding dismissal Judge Coursey says sorry, but I “Sactions and Motion and the Order must have passed each other in the night.”
Tricoli Motion for Interlocutory Injunction This motion would have taken Sovereign Immunity off the table. Several highly pertinent USG policies were changed “after” Dr. Tricoli left the USG.
GPC Audit Excerpts The USG’s own findings shock the community. But its too late for Dr. Tricoli, as he was dismissed five months earlier.
Other Documents
Congressional Ethics report of Congressman and now Governor Nathan Deal Nathan Deal was under investigation by congress and would have likely been sanctioned or charged but he was saved by the bell when he resigned hours before they had a chance to open an investigation. They chose to go ahead with their investigation and this is their report.
The following are examples of documented criminal activity, and subsequent cover-ups, at three different USG institutions:
Georgia Attorney General Sam Olens: While defending civil cases against GPC, Macon State, and USG officials, Olens admits he has never investigated the documented and admitted crimes, including falsifications of Georgia Perimeter College’s budget in which over $9 million remains unaccounted-for, the manufacture of false charges and evidence against a UGA professor, and the cover-up of the leave report falsifications and pension fraud at Macon State College. Additional Documentation
GPC Budget Director Ron Carruth: knowingly falsified budget reports to GPC President Anthony Tricoli for a period of at least two years. Carruth reported multi-million dollar surpluses to Tricoli while reporting massive deficit spending and exhaustion of reserves to the USG. These intentional misrepresentations concerning public business, which Attorney General Sam Olens admits occurred, are a crime under Georgia law. OCGA 16-10-20. See attached Document: Supplement to Notice et al, See pp. 15-19 (Requests 19&20)…and Exhibit 11
USG Chief Operating Officer Rob Watts: Tricoli’s direct supervisor concealed the actual GPC budget numbers from Tricoli, setting up Tricoli’s ouster. Watts replaced Tricoli as GPC interim president and oversaw all subsequent investigation of the matter. In response to Open Records Act requests, the University System has denied the existence of documents related to Watts’ annual performance evaluations of Tricoli required by USG policy—these documents, known to exist, will demonstrate that Watts never once mentioned the deficit spending the Attorney General claims was long known to the USG (contradicting then Regents Chairman Ben Tarbutton, who said the USG did not know about the deficit before the April 2012 announcement and ouster of Tricoli).See Document: Supplement to Notice et al. See pp. 5 (Request 1), 9 (Request 8), 15-19 (Requests 19 & 20)
Board of Regents of the University System of Georgia: altered its own policies after the fact to cover up violations related to the knowing misrepresentations of GPC budget information to Tricoli—and also performed a self-audit blaming the criminal misrepresentations to Tricoli on Tricoli himself—without accounting for the missing $9 million. See Document: Supplement to Notice et al. See p. 10 (Request 9)
DeKalb Superior Court Judge Daniel Coursey: dismissed civil RICO action against the GPC and USG officials who knowingly falsified budget reports, asserting that even if they stole $9 million and falsified the budget to cover it up, they were immune in the course of their “financial oversight” duties. The Court order entirely dismissing the case also ignored the motion for an injunction, based on the admissions of the criminal misrepresentations, filed the same day the dismissal order was signed.See Document: Coursey letter reappeal notice, Motion for stay final, Tricoli Motion Injunction 1
Former Macon State College President David Bell: falsified the personal leave reports on which his state pension is based to cover up the mental condition that rendered him incapable of performing his job duties. He fired his 15-year personal assistant Denise Caldon soon after she objected in writing to the falsification of the leave reports, which violates several Georgia criminal statutes. See Document : Caldon Rule 60 motion.
USG Secretary/General Counsel Burns Newsome: recommended that the Regents uphold Caldon’s dismissal-–admittedly without ever investigating her whistleblower allegations. See Document : Caldon Rule 60 motion. See Exhibit 5
USG Board of Regents: dismissed Caldon’s appeal of her firing, based solely on Newsome’s recommendation, without ever reviewing the facts of her case, as admitted under oath by Regent Doreen Poitevint. See Document : Caldon Rule 60 motion.See Exhibit 4
Fulton County Superior Court Judge Doris Downs: dismissed Denise Caldon’s whistleblower-retaliation lawsuit on the grounds that Bell said he had another reason for firing Caldon besides her written disclosure of his criminally-falsified leave reports. See Document: Caldon Rule 60 Motion. See Document: Caldon Rule 60 Motion. See Exhibit 1. Caldon Rule 60 reply.
Georgia Court of Appeals: upheld Bell’s firing of Caldon, saying Bell could allege he fired Caldon for a reason other than blowing the whistle on Bell’s criminal activity. See Document: Caldon Rule 60 Motion. See Exhibit 2.
Georgia Governor Nathan Deal: after a request for appointment of special prosecutor was featured in Atlanta Journal-Constitution, Deal has failed to respond to the paper’s inquiries about whether he will take action to address the documented and admitted crimes, including falsifications of Georgia Perimeter College’s budget in which over $9 million remains unaccounted-for, the manufacture of false charges and evidence against a UGA professor, and the cover-up of the leave report falsifications and pension fraud at Macon State College—all of which admittedly remain uninvestigated by Attorney General Sam Olens. See attached document. and the following article.
I am familiar with the case filed by Tricoli, and he was set up from the day he started as GPC’s president. All of us were very surprised that he lasted through the first year. The fact that he made it six years is a testimony to his fortitude and his ability to take a punch. He is a bright guy who got screwed by a vice president an interim president, and the university system in georgia. Too bad, those of us who worked with him, liked him. He treated us all with the same respect, from the custodian to the students, faculty members and vice presidents. He is a very caring man with the type of integrity that will lose you your job in georgia.