Tag Archives: Lawsuit

IRS facing class action suit for medical record breach

irs

Kaye Beach

March 14, 2013

Via HealthITSecurity.com;

A HIPAA-covered entity of the Southern District of California announced today that it is suing 15 Internal Revenue Service (IRS) agents for “an unlawful search and seizure conducted on March 11, 2011.” Though the surrounding details of the health data breach and pending class action lawsuit are minimal, Courthousenews.com reports that IRS agents have been accused of improperly accessing and taking 10 million medical records, such as the personal health records of all California state judges.

Read more

Gov. Fallin: Oklahoma Will Not Pursue a State-Based Exchange or Medicaid Expansion

Press Release

Monday, November 19, 2012

Gov. Fallin: Oklahoma Will Not Pursue a State-Based Exchange or Medicaid Expansion

OKLAHOMA CITY – Governor Mary Fallin today released the following statement announcing that Oklahoma will not pursue the creation of a state-based exchange or participate in the Medicaid expansion in the Patient Protection and Affordable Care Act (PPACA):

“For the past few months, my staff and I have worked with other lawmakers, Oklahoma stakeholders and health care experts across the country to determine the best course of action for Oklahoma in regards to both the creation of a health insurance exchange and the expansion of Medicaid under the Affordable Care Act. Our priority has been to ascertain what can be done to increase quality and access to health care, contain costs, and do so without placing an undue burden on taxpayers or the state. As I have stated many times before, it is my firm belief that PPACA fails to further these goals, and will in fact decrease the quality of health care across the United States while contributing to the nation’s growing deficit crisis.

“Despite my ongoing opposition to the federal health care law, the state of Oklahoma is legally obligated to either build an exchange that is PPACA compliant and approved by the Obama Administration, or to default to an exchange run by the federal government. This choice has been forced on the people of Oklahoma by the Obama Administration in spite of the fact that voters have overwhelmingly expressed their opposition to the federal health care law through their support of State Question 756, a constitutional amendment prohibiting the implementation of key components of PPACA.

“After careful consideration, I have today informed U.S. Secretary of Health Kathleen Sebelius that Oklahoma will not pursue the creation of its own health insurance exchange. Any exchange that is PPACA compliant will necessarily be ‘state-run’ in name only and would require Oklahoma resources, staff and tax dollars to implement. It does not benefit Oklahoma taxpayers to actively support and fund a new government program that will ultimately be under the control of the federal government, that is opposed by a clear majority of Oklahomans, and that will further the implementation of a law that threatens to erode both the quality of American health care and the fiscal stability of the nation.

“Furthermore, I have also decided that Oklahoma will not be participating in the Obama Administration’s proposed expansion of Medicaid. Such an expansion would be unaffordable, costing the state of Oklahoma up to $475 million between now and 2020, with escalating annual expenses in subsequent years. It would also further Oklahoma’s reliance on federal money that may or may not be available in the future given the dire fiscal problems facing the federal government. On a state level, massive new costs associated with Medicaid expansion would require cuts to important government priorities such as education and public safety. Furthermore, the proposed Medicaid expansion offers no meaningful reform to a massive entitlement program already contributing to the out-of-control spending of the federal government.

“Moving forward, the state of Oklahoma will pursue two actions simultaneously. The first will be to continue our support for Oklahoma Attorney General Scott Pruitt’s ongoing legal challenge of PPACA. General Pruitt’s lawsuit raises different Constitutional questions than previous legal challenges, and both he and I remain optimistic that Oklahoma’s challenge can succeed.

“Our second and equally important task will be to pursue state-based solutions that improve health outcomes and contain costs for Oklahoma families. Serious reform, for instance, should be pursued in the area of Medicaid and public health, where effective chronic disease prevention and management programs could address the trend of skyrocketing medical bills linked to avoidable hospital and emergency room visits. I look forward to working with legislative leaders and lawmakers in both parties to pursue Oklahoma health care solutions for Oklahoma families.”

Pass-Through Money Benefits Many Groups

From the McCarville Report

Nov. 1, 2012

Jerry Bohnen
Contributing Editor

While Oklahoma City attorney Andrew Karim has written to top state leaders demanding the recovery of $2 million in state money given to the Youth Expo livestock show, some lawmakers point out there are dozens of other groups getting the same kind of pass-through money.

They are lawmakers who support the lawsuit filed in September challenging the Oklahoma Agriculture Department’s $2 million pass-through funding of the Oklahoma Youth Expo. And they say they’ve found nearly 40 other groups getting nearly $11 million in state money without providing any accountability.

The lawsuit was filed in Oklahoma County District Court by Representatives Mike Reynolds, a Republican from Oklahoma City and Mike Ritze, a Republican from Broken Arrow.  They contend the pass-through funding of the Youth Expo is a violation of the Oklahoma Constitution.

. . . Rep. Wesselhoft provided a list of at least 40 other groups like the Youth Expo that also get the pass-through funding that was arranged by what he called powerful legislators.  “These are non-profits but not a single one appears on the budget.” He said he’s met with more than a dozen legislators who were unaware of the pass-through funding and ‘were shocked.’ “The constitution is very clear. We do not give tax moneys to non-profits. But they get around it by calling it a pass through.”

Read more

IntelWire: FBI Releases Redacted Informant Manuals In Response To FOIA

Kaye Beach
Nov. 1,  2012
Salt Lake City attorney, Jesse Trentadue,  has become legendary for his dogged determination to find the truth about his brother, Kenneth Trentadue’s brutal murder while in custody at the Federal Transfer Center located in Oklahoma City in 1995.
On August 18, 1995, Kenneth Trentadue was confined in the Federal Bureau of Prisons’ Federal Transfer Center (“FTC”) in Oklahoma City, after being arrested for a parole violation.  Two days later he was dead. When the Bureau of Prisons ruled his death a suicide his family became alarmed, knowing Kenneth had no reason to end his life. Thus began a 17-year journey to find the truth. Read more
 Jesse Trentadue has yet to gain justice for his brother, Kenneth, but he has repeatedly shined the light on many facts about the inner workings of our government, particularly the FBI that is of great benefit to the public at large.
Here is the latest.
According to a federal lawsuit filed on Oct. 18, 2012 by Trentadue;
“FBI defendants’ disturbing practice of using private citizens as spies in the media, on defense teams, in religious organizations as well as state and federal government is designed to and does result in the circumvention of the protections guaranteed to American citizens by the Bill of Rights and the Separation of Powers Doctrine.”
You can read these documents at INTELWIRE.
Sunday, October 28, 201

FBI Releases Redacted Informant Manuals In Response To FOIA

Documents obtained by Salt Lake City attorney Jesse Trentadue reveal new details about the FBI’s rules of conduct for informants.

The FBI released 147 pages of heavily redacted manuals and policies related to the use of informants, in response to a FOIA request by Trentadue, who is engaged in a years-long lawsuit with the FBI over documents related to the Oklahoma City bombing.

Read the documents here

Read more from INTELWIRE

Another wrongful death lawsuit filed against Narconon Arrowhead

Kaye Beach

Oct 24, 2012

Published today in the McAlester News Capitol

Another wrongful death lawsuit filed against Narconon Arrowhead

By Jeanne LeFlore Staff Writer

McALESTER — Another wrongful death lawsuit was filed today against Narconon Arrowhead in Pittsburg County Court.

Shirley Gilliam, the mother of Gabriel Graves — found dead at the facility in 2011, filed the wrongful death lawsuit today in PIttsburg County Court.
This is second wrongful death suit filed against facility this month. Earlier this month another wrongful death lawsuit against Narconon Arrowhead was filed on behalf of Robert Murphy and Tonya White, parents of Stacy Dawn Murphy, 20, of Owasso, who was found dead in the facility’s withdrawal unit in July.
In other Narconon Scientology News;

Student Ordered to Leave School For Carrying Bad Gene

Kaye Beach

Oct. 23, 2012

What do you make of this?

The 11 year old child tests negative for Cystic Fibrosis although he does carry the genetic mutation for the disease.  Many carry the mutation (10 million) but relatively few (30,000) actually have the disease. (Source:  Cystic Fibrosis Foundation)  Cystic Fibrosis is not contagious and experts say that he poses no heightened threat to other students yet he is being ordered to transfer to another school.  His parents are taking it to court.

Boy banned from school for carrying cystic fibrosis gene

Published October 18, 2012

A California boy has been ordered to transfer to another middle school because he carries the genetic mutations for cystic fibrosis – even though his doctors and parents maintain he does not have the incurable, non-infectious disease, the San Francisco Gate reported.

. . .

Colman has never had the lung problems associated with the disease, has never required treatment and tested negative on a sweat test, which is the definitive diagnostic test, his parents, Jamy and Jennifer Chadman, said Thursday.

The Chadmans said they only disclosed his condition out of an “overabundance of caution” and tried to convince the school officials that he does not have classic cystic fibrosis and therefore is not a risk.

Also see;

A First! Florida Intelligence Officer Admits Investigating People in Public using Facial Recognition

Kaye Beach

September 17, 2012

This is the first public admission, to my knowledge, by law enforcement that confirms that they are doing exactly what myself and others have been warning about-using facial recognition on people in public.

Just a few days ago I updated readers on Oklahoma’s steady progress toward compliance with the federal Real ID Act in spite of the fact that implementation of that act is prohibited by law in our state.

The most egregious part of the Real ID Act is the capture and retention of our facial biometrics.   As I explained;

. . .facial biometrics is the governments biometric of choice.  Why?  It is not the most accurate biometric for identification purposes but it does allow us to be identified in public without our knowledge or consent. link

An intelligence officer from the St. Petersburg Police Dept. just let the cat completely put of the bag!

Here is a snippet of an explosive article just reported by the ACLU :

Police in Tampa used smartphones and tablets to spy on protesters at the Republican National Convention, according to a report today from the National Journal.

Smartphones have proven to be an excellent tool for empowering individuals faced with sometimes unprofessional or abusive law enforcement officers, thanks to their built-in cameras and the constitutional right to record the police. But they also allow the police, according to the article, to blend in and transmit live video of protesters:

“The specialized applications gave law enforcement an advantage, allowing police officers to use everyday devices in a strategic and tactical way,” said Sgt. Dale Moushon, with the Intelligence Unit of the St. Petersburg Police Department….

While undercover police in most protests are often easily identified by their earpieces or microphones in their sleeves, Moushon told National Journal that using cell phones allowed police to remain completely undetected. “Everyone has a phone, so officers blend in easier,” he said….

He also pointed to an instance in which an officer was preparing to take a picture of a suspicious person so staff could use facial-recognition software to identify the person. Instead, the person happened to pull out a document that included his identifying information that was then captured in real-time by the officer’s live video feed. “That saved us a lot of time,” Moushon said.

We shouldn’t just accept that undercover police will infiltrate peaceful protesters exercising their First Amendment rights, photograph them, and use face recognition or other techniques to identity them. We must not come to accept the existence of a secret police in our society.

. . . Mike German, who infiltrated numerous criminal groups as an undercover FBI operative, notes that there should be reasonable suspicion—an articulable basis in fact—that a crime has or will be committed before the police begin an investigation

Read More

This is an outrage!  Lawful dissent is supposed to be afforded the highest degree of First Amendment protection.  If you value  your right to chastise your wayward government without being investigated, harassed and intimidated-you should be very concerned about this development.

This is not just a matter of the local police.  Remember, Florida received 50 million dollars from the federal government to set up this system. They are connected with a variety of other intelligence centers including the Florida Fusion Center directly linking with federal agencies.

CTIC maintains an operational relationship with other state law enforcement agencies, as well as the FBI and DHS. The role of CTIC continues to evolve as their participation in the Florida Fusion Center grows. Recently, CTIC began providing information for Department of Homeland Security Information Reports that are disseminated not only to other law enforcement elements, but to members of the United States Intelligence Community as well. Link

The absolute necessity of my lawsuit could not be any more apparent than it is right now.  If you are having difficulty in understanding the implications of this admission I suggest you simply mentally replace the RNC protestor with any unpopular group member you like; perhaps yourself.

Naked Body Scanners-TSA Thinks We Should Be Seen But NOT heard!

Kaye Beach

July 28, 2012

I rarely ask people to sign petitions but I am making an exception for this one-please sign it!

An online petition posted in “We the People” demands that the White House “Require the Transportation Security Administration to Follow the Law!”


https://petitions.whitehouse.gov/petition/require-transportation-security-administration-follow-law/tffCTwDd

Remember the naked body scanners that were forced upon us by the Department of Homeland Security through the TSA a couple years ago?

The Naked Truth about TSA’s Naked Body Scanners

I remember it well because when I attempted to provide some “public input” about the devices, this is the reaction I got from a TSA agent-

TSA: “I thought maybe you might be representing a terrorist organization”

Well, EPIC, the Electronic Privacy Information Center, has been fighting DHS and the TSA tooth and nail on this issue ever since.  They have made an impact.

On July 15, 2011, in EPIC v. DHS, the US Court of Appeals for the DC Circuit ruled that the Transportation Security Administration violated federal law when it refused to conduct a public rulemaking over the use of whole body imaging scanners to screen airport passengers.

(Read more about EPIC’s battle against the naked body scanners
http://epic.org/privacy/airtravel/backscatter/
)

In brief, the TSA has been found in federal court to be in violation of federal law because they did not include any opportunity for public input in the rulemaking process  regarding the use of these devices.

The court noted that “few if any regulatory procedures impose directly and significantly upon so many members of the public,” and then ordered the Department of Homeland Security to fix the problem.

Here we are over a year later and DHS has done nothing!  They have yet to publish their rules and they have not begun to accept public comments nor made any announcement to indicate that they intend to do so.

Please sign the public petition to help push the TSA to do what it was ordered to do and what it should have done in the first place.  The public deserves to have their voice heard. 

We are down to the wire on this petition and lack only 9,000 signatures. Yes, you have to register to sign this and that is a pain but please take the time to register so that you can sign.  We have just 2 weeks left to get the remaining signatures needed!


https://petitions.whitehouse.gov/petition/require-transportation-security-administration-follow-law/tffCTwDd

Please share this information with your friends on Facebook, twitter and through email.

Thanks!

Drone Industry Bucks for Drone Caucus Members Including 3 Oklahoma Congressmen

Kaye Beach

July 11, 2012

(OK Rep. Frank Lucas is in OK D-3 not D-1 as originally shown.  Apologies for the error)

As you are probably aware, Oklahoma has been chosen as a site to test and fly drones for the Homeland Security Department’s program for Robotic Aircraft for Public Safety (RAPS).  Of course there has been a lot of work done behind the scenes to get the drones moving in US airspace.  This has been an uphill battle waged for years by industry lobbyists and other drone aficionados. Last February Americans found out that it was ‘all systems go’ and we are now cringing at the thought of  some 30,000 drones being unleashed over our heads.

The information below reveals some of the money behind congressional drone industry advocacy but you should also know that the industry practically wrote the groundbreaking drone unleashing legislation as well.

– Page 6: The drone lobbyists take full credit for authoring the expansion of domestic drone use codified in the FAA authorization bill passed last week, noting “the only changes made to the UAS section of the House FAA bill were made at the request of AUVSI. Our suggestions were often taken word-for-word.”

Source-Drone trade group presentation document exclusively reported by Republic Report on Feb. 15, 2012

On a side note, one of the reasons I am fighting so hard against the collection of our biometric information is that no matter which type of surveillance tech really gets your dander up, whether it be CCTV, RFID, drones or simply the garden variety type of data mining and surveillance – biometrics enables these already too-close-for-comfort surveillance technologies to become unbearably personal and dangerously specific.  Biometrics is the glue by which all the other forms of technological scrutiny are married to our very selves.  My attorneys and I agree that our bodies are protected under our state Constitution and by state statute – the Oklahoma Religious Freedom Act.  The lawsuit filed on my behalf addresses among other things the mandated collection of citizen’s biometrics when obtaining a state driver’s license.

The argument being made for Oklahoma’s active courting of this industry, of course, is an economic one which sure makes it tough to argue against, but I will predict that in the end it will not be everyday Oklahomans who will reap the benefits of this projected economic boon and they certainly won’t end up any more free with the evil mites buzzing overhead.

Now, have you ever  heard of the ‘Drone Caucus”?

As reported by KPBS on July 5, 2013;

SAN DIEGO — You’ve probably heard of the Congressional Black Caucus, or perhaps the Progressive Caucus. But what about the drone caucus? Officially, it’s the Unmanned Systems Caucus.

Primarily, the caucus advocates for drones — those pilot-less planes infamous for their role targeting insurgents in Afghanistan and Pakistan. They’re used as a spy tool in Iran, a drug-fighting tool in Mexico and an anti-smuggling tool along the U.S.-Mexico border.

. . .It’s definitely a powerful caucus,” said Alex Bronstein-Moffly, an analyst with First Street Research Group, a D.C.-based company that analyzes lobbying data.

. . .Many of the drone caucus members are well supported by the industry they endorse. According to Bronstein-Moffly’s data, the 58 drone caucus members received a total of $2.3 million in contributions from political action committees affiliated with drone manufacturers since 2011.

Read more The Drone Makers And Their Friends In Washington

The report details donations from the top five drone industry donors to just the border state members of the drone caucus but didn’t elaborate on donations received by other members of the drone caucus so I took a look at our Oklahoma Congressional Representatives who are acting as drone advocates as members of the Unmanned Systems Caucus.

Top five drone donors to the drone caucus

  1. Lockheed Martin
  2. Boeing
  3. Northrop Grumman Corp.
  4. General Atomics
  5. General Dynamics

Tom Cole  OK-4

Campaign Donations from top five drone donors 2011-12

Boeing 8,500

Lockheed Martin 6,500

General Atomics 2,000

**Raytheon 4,500 (Raytheon is also a big player in the drone industry)

**BAE Systems 3,500 (BAE Systems is also a big player in the drone industry)

**Honeywell 3,000 (Honeywell is also a big player in the drone industry)

**Mantech 3,000 (Mantech is another drone industry player)

**Alliant TechSystems (ATK)   1,500  (ATK is another drone industry player)


http://www.opensecrets.org/politicians/contrib.php?cid=N00025726&cycle=2012&type=I&newMem=N&recs=100

Dan Boren OK-2

Campaign Donations from top five drone donors 2011-12

Northrop Gumman 2,000

**Raytheon 3,500 (Raytheon is also a big player in the drone industry)

**Honeywell 3,000 (Honeywell is also a big player in the drone industry)

**Textron Inc. 2,000 (Textron Inc. is another drone industry player)


http://www.opensecrets.org/politicians/contrib.php?cid=N00026481&cycle=2012&type=I&newMem=N&recs=100

Frank Lucas OK-3

Campaign Donations from top five drone donors 2011-12

Lockheed Martin 4,000


http://www.opensecrets.org/politicians/contrib.php?cid=N00005559&cycle=2012&type=I&newMem=N&recs=100

This is just the merest scratching of the surface-there is probably much more money and perks being doled out.  Stay tuned.

Oklahoma’s Fox 25 Covers Biometric Lawsuit

Kaye Beach

June 18, 2012

 

I did an interview Sunday afternoon with Fox 25.  I really appreciate how the Kisha Henry she took the time to understand the issue and present it fairly.

“A woman in the Metro says she can’t get an Oklahoma driver’s license because it goes against her religion.  Because she needs a license or state ID to drive, fly, book a hotel or even get a prescription, the woman is suing the state for a different option.”

You can view the video here

(Correction. Kisha Henry is the reporter, not Mendelson as earlier identified.  My apologies)