In a letter to Bush, Biff Baker writes: "On March 7th, 2002 you stated that 'Reform should begin with accountability, and reform should start at the top. The chief executive officer has a daily duty to oversee the entire enterprise, the entire firm, and therefore, bears a unique responsibility for serving shareholder interests.' Furthermore, you stated that the government must 'punish corporate leaders who clearly abuse their powers'... On that same day, as a member of the Independent Assessment Team (IAT) for the Missile Defense program... I determined beyond a reasonable doubt that fraudulent contracts were being issued by the Missile Defense Agency (MDA) and the Space and Missile Defense Command (SMDC)... As you begin to investigate and prosecute CEO's from private corporations, you should clean your own house first in the Department of Defense. On behalf of all constituents and taxpayers, we do not want any more cover-ups or false promises!"
President George Bush
The White House
Washington DC 20502
August 1, 2002
Dear President Bush,
On March 7th, 2002 you stated that “Reform should begin with accountability, and reform should start at the top. The chief executive officer has a daily duty to oversee the entire enterprise, the entire firm, and therefore, bears a unique responsibility for serving shareholder interests”. Furthermore, you stated that the government must “punish corporate leaders who clearly abuse their powers”.
As a private citizen, I was inspired by your speech. On that same day, as a member of the Independent Assessment Team (IAT) for the Missile Defense program, I turned in findings and evidence of fraud to General John Holly. As an IAT Assessor I determined beyond a reasonable doubt that fraudulent contracts were being issued by the Missile Defense Agency (MDA) and the Space and Missile Defense Command (SMDC).
I refer specifically to a Site Activation Command (SAC) contract for about $46 million that was being awarded to a local contractor without being competitively bid as required. (Solicitation Notice DASG 60-01-0014) This was in violation of the Federal Acquisition Regulation (FAR) and Title10 USC 2304. Additionally, any attempt to commit fraud is punishable under Uniform Code of Military Justice (UCMJ) Article 113.
After providing this information to General John Holly of the MDA, I was slandered and defamed for a week, then on March 15th I was fired without any explanation. As a subcontractor, the federal whistleblower laws do not apply to me. But as a private citizen who is concerned about numerous contracts that have been fraudulently awarded, I will not let this issue die.
I notified you, the Senate Armed Services Committee, and Congressman Joel Hefley on March 17th, and none of you have done anything to ensure that the contracting procedures within MDA and SMDC have been fixed. Fraud, waste, and abuse of taxpayer funds is widespread and un-audited by the Missile Defense Agency. Other members of the IAT are afraid to come forward, for fear that they too will be fired and threatened. Additionally, I have stayed in contact with Joel Hefley for over four months and he still has not initiated a criminal investigation into this fraud.
President Bush, when you signed the corporate fraud law, you stated, “This law says to every dishonest corporate leader: you will be exposed and punished!” As the Commander in Chief of the Armed Forces, and the Chief Executive Officer of the United States, I am formally asking you to intervene. My request remains the same as I asked of you on March 17th, “I want a formal investigation of every contract in the GMD program.”
Specifically, I am asking you to initiate a Courts-Martial tribunal to investigate General Cosumano, General Urias, and General Holly who have participated in either the fraud and/or cover-up of millions in taxpayer’s money. I am also asking for a formal investigation into all contracting practices by SMDC and MDA as well as their contracting officers. The Generals and contracting officers are, of course, not guilty until proven so. To date I have only received lip-service from Mr. Joel Hefley.
Also, I ask you to work with the Speaker of the House of Representatives for the removal of Congressman Joel Hefley from the House Ethics committee. After a dozen emails and letters over four months, as well as submission of 2 inches of evidence, Mr. Hefley still has not initiated an investigation into these fraudulent contracts. I was able to determine that he received contributions from the contractor in question, which have obviously tainted his judgment in protecting taxpayer money.
All I did was report the truth to my superiors, and during the past four months I have been slandered, defamed, fired, blacklisted, threatened with death and lawsuits, and survived two attempts on my life. Sir, as a former Airborne Ranger, I will not quit until justice is served, or I am dead: Death before dishonor! Many years ago, I gave my life to Christ. So, I can say "the Lord is my helper, and I will not fear what man shall do unto me" Hebrews 13:6.
In light of your recent speeches about holding Enron and WorldCom executives accountable, I implore you, Mr. President, to do your duty! Protect taxpayer money, and give us a missile defense system that works. As you begin to investigate and prosecute Chief Executive Officers from private corporations, you should clean your own house first in the Department of Defense. On behalf of all constituents and taxpayers, we do not want any more cover-ups or false promises!
BIFF BAKER, 6660 Delmonico D408, Colorado Springs CO 80919 firstname.lastname@example.org
COPY FURNISHED TO THE ENTIRE SENATE