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Financial Exposure pp 197–234Cite as

Palgrave Macmillan

Crossing Party Lines

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Abstract

This chapter takes a break from Levin-led investigations to recount how Senator Levin supported PSI investigations led by his Republican colleagues, Senators Susan Collins, Norm Coleman, Tom Coburn, and John McCain. Featured Republican-led inquiries examine sweepstakes abuses; corruption of a United Nations Oil-for-Food program; North Korea’s misuse of a United Nations Development Program; federal programs to collect taxes from tax-delinquent federal contractors; Social Security disability fraud; and malware associated with Internet advertising. The chapter describes PSI procedures, mechanisms, and standards used to foster cross-party cooperation, bipartisan fact-finding, and joint hearings and reports. It also describes informal actions taken by the Levin staff to build bipartisan ties, including social activities and investigative team photographs.

“Coming together is a beginning; keeping together is progress; working together is success.”

Henry Ford

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Notes

  1. 1.

    The Senate Historian’s office informed PSI that both President Truman and Senator McCarthy drank bourbon, which is commonly used as the whiskey in Manhattans, but found no mention of Manhattans in particular.

  2. 2.

    The information in this section is based upon “Deceptive Mailings and Sweepstakes Promotions,” S. Hrg. 106-71 (3/9–10/1999), https://www.gpo.gov/fdsys/pkg/CHRG-106shrg57308/pdf/CHRG-106shrg57308.pdf; and “The Hidden Operators of Deceptive Mailings,” S. Hrg. 106-181 (7/20/1999), https://www.gpo.gov/fdsys/pkg/CHRG-106shrg59577/pdf/CHRG-106shrg59577.pdf.

  3. 3.

    See “Deceptive Mail Prevention and Enforcement Act, S. 335,” Senate Committee on Governmental Affairs, S. Rpt. 106-102 (7/1/1999) (hereinafter “Committee Report”), at 13–14, https://www.gpo.gov/fdsys/pkg/CRPT-106srpt102/pdf/CRPT-106srpt102.pdf.

  4. 4.

    See S. 335, Deceptive Mail Prevention and Enforcement Act, P.L. 106-168, which combined provisions from earlier bills, as discussed in the Committee Report, at 12–13.

  5. 5.

    The information in this section is based upon “How Saddam Hussein Abused the United Nations Oil-For-Food Program,” S. Hrg. 108-761 (11/15/2004) (hereinafter “2004 OFF Hearing”), https://www.gpo.gov/fdsys/pkg/CHRG-108shrg97048/pdf/CHRG-108shrg97048.pdf, as well as the related hearings and reports identified below.

  6. 6.

    See “Report on Illegal Surcharges on Oil-for-Food Contracts and Illegal Oil Shipments From Khor al-Amaya,” Levin staff report reprinted in “Oil for Influence: How Saddam Used Oil to Reward Politicians Under the United Nations Oil-For-Food Program,” S. Hrg. 109-185 (5/17/2005) (hereinafter “May 2005 OFF Hearing”), at 836, https://www.gpo.gov/fdsys/pkg/CHRG-109shrg21438/pdf/CHRG-109shrg21438.pdf; “Supplemental Report on Bayoil Diversions of Iraqi Oil and Related Oversight Failures,” Levin staff report reprinted in “Corruption in the United Nations Oil-For-Food Program: Reaching a Consensus on United Nations Reform,” S. Hrg. 109-247 (10/31/2005) (hereinafter, “October 2005 OFF Hearing”), at 396, https://www.gpo.gov/fdsys/pkg/CHRG-109shrg24445/pdf/CHRG-109shrg24445.pdf.

  7. 7.

    See 2004 OFF Hearing; “The United Nations’ Management and Oversight of the Oil-for-Food Program,” S. Hrg. 109-43 (2/15/2005), https://www.gpo.gov/fdsys/pkg/CHRG-109shrg20172/pdf/CHRG-109shrg20172.pdf.

  8. 8.

    May 2005 OFF Hearing, including three bipartisan staff reports: “Report on Oil Allocations Granted to Charles Pasqua and George Galloway,” at 84; “Report on Oil Allocations Granted to Vladimir Zhirinovsky,” at 180; “Report on Oil Allocations Granted to The Russian Presidential Council,” at 459, https://www.gpo.gov/fdsys/pkg/CHRG-109shrg21438/pdf/CHRG-109shrg21438.pdf.

  9. 9.

    “Report Concerning the Testimony of George Galloway before the Permanent Subcommittee on Investigations,” Coleman staff report reprinted in October 2005 OFF Hearing, at 126.

  10. 10.

    October 2005 OFF Hearing.

  11. 11.

    See “U.S. Indicts Former Executive Director of United Nations Oil-For-Food Program, and United States Businessman,” U.S. Attorney for the Southern District of New York Press Release (1/16/2007), https://www.justice.gov/archive/usao/nys/pressreleases/January07/sevanindictmentpr.pdf. See also, for example, “U.S. Legislators Want Cyprus to Extradite UN Official,” Reuters (2/13/2007), http://reut.rs/2ARKa17.

  12. 12.

    See “Texas Oil Executive and Two Corporations Sentenced on Charges Involving a Scheme to Pay Secret Kickbacks to the Former Government of Saddam Hussein,” U.S. Attorney for the Southern District of New York Press Release (3/7/2008), http://www.prnewswire.com/news-releases/texas-oil-executive-and-two-corporations-sentenced-on-charges-involving-a-scheme-to-pay-secret-kickbacks-to-the-former-government-of-saddam-hussein-56859947.html.

  13. 13.

    See, for example, “Total, Pasqua Cleared of Oil-for-Food Corruption Charges,” RFI, Sarah Elzas (9/7/2013), http://bit.ly/2zfuwAB; “France’s Total Fined 750,000 Euros Over Iraq ‘Oil for Food’ Graft,” AFP, Sylvain Peuchmaurd (2/26/2016), https://yhoo.it/2j4okjW; “Angolagate Accused Found Guilty, Ex-minister Jailed,” RFI (10/27/2009), http://bit.ly/2zdPaRt; “Former Minister Pasqua Gets One-year Suspended Sentence,” RFI (4/30/2010), http://bit.ly/2yXeTJM.

  14. 14.

    See, for example, “Mariam Appeal,” The Charity Commission for England and Wales (6/8/2007); “Galloway Criticised over Appeal,” BBC News (6/8/2007), http://bbc.in/2zgZGr5; “Galloway Ejected as MPs Back Suspension,” The Guardian, Matthew Tempest and Agencies (7/24/2007), http://bit.ly/2jB6hpp.

  15. 15.

    The information in this section is based on “United Nations Development Program: A Case Study of North Korea,” S. Hrg. 110-544 (1/24/2008), https://www.gpo.gov/fdsys/pkg/CHRG-110shrg41447/pdf/CHRG-110shrg41447.pdf.

  16. 16.

    The information in this section is based on “DOD Contractors Who Cheat on Their Taxes and What Should be Done About It,” S. Hrg. 108-493 (2/12/2004), https://www.gpo.gov/fdsys/pkg/CHRG-108shrg92689/pdf/CHRG-108shrg92689.pdf; “Civilian Contractors Who Cheat on their Taxes and What Should be Done About It,” S. Hrg. 109-189 (6/16/2005), https://www.gpo.gov/fdsys/pkg/CHRG-109shrg22195/pdf/CHRG-109shrg22195.pdf; “GSA Contractors Who Cheat on Their Taxes and What Should be Done About It,” S. Hrg. 109-418 (3/14/2006), https://www.gpo.gov/fdsys/pkg/CHRG-109shrg27750/pdf/CHRG-109shrg27750.pdf; and related hearings below.

  17. 17.

    The information in this section is based on “Medicare Doctors Who Cheat on their Taxes and What Should be Done About It,” S. Hrg. 110-77 (3/20/2007), https://www.gpo.gov/fdsys/pkg/CHRG-110shrg36076/pdf/CHRG-110shrg36076.pdf; “Medicaid Providers Who Cheat on Their Taxes and What Should be Done About It,” S. Hrg. 110-309 (11/14/2007), https://www.gpo.gov/fdsys/pkg/CHRG-110shrg38991/pdf/CHRG-110shrg38991.pdf.

  18. 18.

    S. 1307, the Medicare Provider Accountability Act, which was incorporated into the Medicare Improvements for Patients and Providers Act of 2008, P.L. 110-275.

  19. 19.

    “Stimulus Contractors Who Cheat on their Taxes: What Happened?” S. Hrg. 112-53 (5/24/2011) (hereinafter “Stimulus Contractors Hearing”), https://www.gpo.gov/fdsys/pkg/CHRG-112shrg67639/pdf/CHRG-112shrg67639.pdf.

  20. 20.

    See Federal Acquisition Regulation §§ 9.104-5 and 52.209-5; explanation of the final rule, “FAR Case 2006-011, Representations and Certifications—Tax Delinquencies,” 73 Fed.Reg. 78 (4/22/2008), at 21791 (stating the rule was drafted in response to PSI work). See also Stimulus Contractors Hearing, at 39–40 (noting that a 2010 review by the Office of Management and Budget found contractors with tax delinquencies generally did not receive contracts).

  21. 21.

    The information in this section is based on “Social Security Disability Benefits: Did a Group of Judges, Doctors, and Lawyers Abuse Programs for the Country’s Most Vulnerable?,” Senate Committee on Homeland Security and Governmental Affairs, S. Hrg. 113-503 (10/7/2013) (hereinafter “2013 Social Security Disability Hearing”), https://www.gpo.gov/fdsys/pkg/CHRG-113shrg85499/pdf/CHRG-113shrg85499.pdf.

  22. 22.

    “Disability-Claim Judge Has Trouble Saying ‘No’,” Wall Street Journal, Damian Paletta (5/19/2011), http://on.wsj.com/2jBHJg7.

  23. 23.

    For an example of a Conn commercial, see https://www.youtube.com/watch?v=zqtL78-H_YI.

  24. 24.

    “How Some Legal, Medical, and Judicial Professionals Abused Social Security Disability Programs for the Country’s Most Vulnerable: A Case Study of the Conn Law Firm,” report reprinted in the 2013 Social Security Disability Hearing record, at 171.

  25. 25.

    See, for example, “Disability Program Probe Focuses on Attorney, Judge in W.Va.,” CBS News (10/8/2013), http://cbsn.ws/1jBfnwv.

  26. 26.

    See United States v. Conn, Case No. 7:11-CV-57-157-ART (USDC ED KY), United States’ Motion to Partially Intervene For Good Cause (2/9/2016).

  27. 27.

    Id., at 5. See also, for example, “Government Moves to Suspend Disability Payments to Many in Eastern Kentucky, Citing Suspected Fraud,” Lexington Herald Leader, Bill Estep (5/26/2015), http://bit.ly/1IZkKAn.

  28. 28.

    “Retired Judge, Attorney and Psychologist Indicted in $600 Million Social Security Fraud Scheme,” Department of Justice Press Release (4/5/2016), https://www.justice.gov/opa/pr/retired-judge-attorney-and-psychologist-indicted-600-million-social-security-fraud-scheme.

  29. 29.

    “Social Security Disability Lawyer Pleads Guilty for Role in $550 Million Social Security Fraud Scheme,” Justice Department Press Release (3/24/2017), https://www.justice.gov/opa/pr/social-security-disability-lawyer-pleads-guilty-role-550-million-social-security-fraud-scheme; “Well-known Disability Lawyer Eric Conn Pleads Guilty in Federal Fraud Case,” Herald-Leader, Bill Estep (3/24/2017), http://bit.ly/2yObEUW; “Former Administrative Law Judge Pleads Guilty for Role in $550 Million Social Security Disability Fraud Scheme,” SSA Office of the Inspector General (5/12/2017), http://oig.ssa.gov/audits-and-investigations/investigations/may12-daugherty-guilty-plea.

  30. 30.

    “Former Administrative Law Judge Pleads Guilty for Role in $550 Million Social Security Disability Fraud Scheme,” SSA Office of the Inspector General Press Release (5/12/2017), http://oig.ssa.gov/audits-and-investigations/investigations/may12-daugherty-guilty-plea.

  31. 31.

    “Lexington, Kentucky, Jury Convicts Clinical Psychologist for Role in $600 Million Social Security Disability Fraud Scheme,” Justice Department Press Release (6/12/2017), https://www.justice.gov/opa/pr/lexington-kentucky-jury-convicts-clinical-psychologist-role-600-million-social-security.

  32. 32.

    Prior to sentencing, Mr. Conn fled the country, but was recaptured six months later in Honduras and returned to the United States to begin serving a 12-year prison term. “FBI Returning Fugitive Lawyer to Kentucky after Capture,” Associated Press, Moises Castillo (12/5/2017), http://bit.ly/2BKwZQZ.

  33. 33.

    The information in this section is based on “Social Security Disability Programs: Improving the Quality of Benefit Award Decisions,” S. Hrg. 112-800 (9/13/2012), https://www.gpo.gov/fdsys/pkg/CHRG-112shrg76068/pdf/CHRG-112shrg76068.pdf.

  34. 34.

    The information in this section is based on “Online Advertising and Hidden Hazards to Consumer Security and Data Privacy,” S. Hrg. 113-407 (5/14/2014), https://www.gpo.gov/fdsys/pkg/CHRG-113shrg89686/pdf/CHRG-113shrg89686.pdf.

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  1. Levin Center at Wayne Law, Wayne State University Law School, Detroit, MI, USA

    Elise J. Bean

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Bean, E.J. (2018). Crossing Party Lines. In: Financial Exposure. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-94388-6_7

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